RAHUL GUPTA Vs. ORIENTAL INSURANCE CO LTD
LAWS(DLH)-2007-11-16
HIGH COURT OF DELHI
Decided on November 05,2007

RAHUL GUPTA Appellant
VERSUS
ORIENTAL INSURANCE CO. LTD. Respondents

JUDGEMENT

- (1.) BY way of this appeal, the appellant seeks to challenge the impugned award dated 7/4/2004 on the ground that the Tribunal has not granted adequate compensation towards loss of income due to the demise of the parents of the appellants.
(2.) BRIEF facts of the present appeal are that Veena Gupta aged 53 years along with her husband Dharampal Gupta aged about 60 years, their son, Rahul Gupta, aged about 29 years and their daughter-in-law, rajshree Gupta on 22. 6. 1997 at about 10 a. m. met with an accident on G. T. Road, muzaffarnagar-Roorkee Road near Falauda, p. S. Purkaji, District Muzaffarnagar, U. P. while travelling in a Maruti car bearing registration No. HR 51-B 1199 and were proceeding from Delhi to Pondha (Dehradun ). A Tata Sumo car bearing registration no. UP 15-F 3787 came from the opposite side being driven at a very fast speed, rashly and negligently by its driver and truck being driven by its driver in a rash and negligent manner came from opposite side on extreme right side of the road and collided with the car bearing registration no. HR 51-B 1199. Due to forceful impact the occupants of the car along with the car were thrown out of the road and Veena gupta and her husband Dharampal Gupta succumbed to their injuries and died on the spot. A claim petition was filed on 27. 3. 98 before the M. A. C. T. and award was made on 7. 4. 2004. Aggrieved with the said award the present appellant-claimant has preferred this appeal.
(3.) MR. S. P. Gupta, learned counsel for the appellants contends that the Tribunal while computing the compensation has not taken into consideration financial loss to the family and to the estate and has merely granted compensation of Rs. 2,00,000 on account of loss of love and affection, motherly guidance, support and encouragement. In support of his argument counsel for the appellants has placed reliance on the judgment of the Apex Court reported in Lata Wadhwa v. State of Bihar, 2001 acj 1735 (SC ).;


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