RAJENDRA SINGH Vs. NATIONAL INSURANCE COMPANY LIMITED AND OTHERS
SUPREME COURT OF INDIA
National Insurance Company Limited And Others
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NAVIN SINHA,J. -
(2.)The High Court by the impugned order dismissed two appeals arising from separate orders of the Motor Accident
Claims Tribunal (hereinafter referred to as 'the Tribunal') deciding
two accident compensation claims. The appellants had claimed
further enhancement of compensation.
(3.)The deceased in the first appeal was a housewife aged about 30 years. The second deceased was her daughter aged about 12 years. The claimants are the husband/father of the deceased and
three minor siblings. The two deceased on 25.12.2012 were
travelling in a horse cart along with some others to a religious
congregation. The horse cart was hit by a bus resulting in their
death. The Tribunal assessed the notional income of the first
deceased at Rs.36,000/ per annum and after 1/4 th deduction
towards personal expenses, with a multiplier of 17 awarded a
compensation of Rs.4,59,000/. The Tribunal then deducted 50%
on ground of contributory negligence as the horse cart was stated
to have been in the middle of the road when the accident took
place. A sum of Rs.1,00,000/ was then added as loss of
consortium and Rs.25,000/ towards funeral expenses leading to
an award total of Rs.3,54,500/ with interest at the rate of 7.5%.
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