Rajbala & Ors. v. National Insurance Co. Ltd & Ors.

Delhi High Court · 02 Mar 2010 · 2010:DHC:1223
J.R. Midha
MAC.APP.No. 122/2010
2010:DHC:1223
civil appeal_dismissed

AI Summary

The Delhi High Court dismissed the appeal challenging the compensation awarded for death in a motor accident, upholding the Tribunal's calculation as just and reasonable and condoning the delay in filing the appeal.

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Translation output
HIGH COURT OF DELHI
MAC.APP.No. 122/2010
Date of Decision: 2nd March, 2010 RAJBALA & ORS ..... Appellants
Through Mr. Kundan Kumar Lal, Adv.
VERSUS
NATIONAL INSURANCE CO. LTD & ORS ..... Respondents
Through Mr. S.L. Gupta and Mr. Ram Ashray, Advs. for R-1.
CORAM :- THE HON'BLE MR. JUSTICE J.R. MIDHA
JUDGMENT

1. Whether Reporters of Local papers may NO be allowed to see the Judgment?

2. To be referred to the Reporter or not? NO

3. Whether the judgment should be NO reported in the Digest? JUDGMENT (Oral) MAC.APP.No. 122/2010 & CM No. 3804/2010 (Delay)

1. Issue notice to respondent No.1 only.

2. Mr. S.L. Gupta, Advocate accepts notice on behalf of respondent No.1.

3. For the reasons stated in the application, the delay in filing the appeal is condoned.

4. CM No.3804/2010 stands disposed of.

5. The accident dated 22nd July, 2007 resulted in the death of Vikas Yadav. The deceased was aged 18 years at the time of the accident and was earning Rs.3,200/- from private tuitions. The learned Tribunal accepted the income of the 2010:DHC:1223 deceased, deducted 1/3rd towards his personal expenses and applied the multiplier of 15 to compute the loss of dependency at Rs.3,84,120/-, rounded off as Rs.3,85,000/-. Rs.10,000/- has been awarded towards loss of love and affection, Rs.5,000/- towards funeral expenses and Rs.5,000/towards loss to estate. The total compensation awarded is Rs.4,05,000/-.

6. The amount awarded by the learned Tribunal is just, fair and reasonable and does not call for any interference.

7. The appeal is dismissed. J.R. MIDHA, J MARCH 02, 2010 HL