Rajbala & Ors vs National Insurance Co. Ltd & Ors
2010 Latest Caselaw 1172 Del

34
*IN THE HIGH COURT OF DELHI AT NEW 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

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

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