RAJENDRA SINGH Vs. NATIONAL INSURANCE COMPANY LIMITED AND OTHERS
LAWS(SC)-2020-6-18
SUPREME COURT OF INDIA
Decided on June 18,2020

RAJENDRA SINGH Appellant
VERSUS
National Insurance Company Limited And Others Respondents


Referred Judgements :-

KAJAL VS. JAGDISH CHAND [REFERRED TO]
LATA WADHWA VS. STATE OF BIHAR [REFERRED TO]
NEW INDIA ASSURANCE CO LTD VS. SATENDER [REFERRED TO]
R K MALIK VS. KIRAN PAL [REFERRED TO]
ARUN KUMAR AGARWAL VS. NATIONAL INSURANCE COMPANY [REFERRED TO]



Cited Judgements :-

M.A. JOSEPH VS. DIRECTOR GENERAL OF POLICE [LAWS(KER)-2021-6-20] [REFERRED TO]
P. RAJENDRAN VS. U. R. AYYAVVU NAICKER [LAWS(MAD)-2021-7-274] [REFERRED TO]
KURVAN ANSARI ALIAS KURVAN ALI VS. SHYAM KISHORE MURMU [LAWS(SC)-2021-11-24] [REFERRED TO]
RISHI RAM SAHU VS. MAHENDRA KUMAR TRIPATHI [LAWS(ALL)-2021-11-39] [REFERRED TO]
CHANDRAKALA VS. IMTIYAZ [LAWS(ALL)-2021-7-247] [REFERRED TO]
NEW INDIA ASSURANCE COMPANY LTD VS. PRADIP S/O VITTHALRAO DHOTE [LAWS(BOM)-2022-2-106] [REFERRED TO]
UNITED INDIA INSURANCE COMPANY LTD. VS. DILNA DINESHAN [LAWS(KER)-2022-2-75] [REFERRED TO]
MRINAL KANTI DEBNATH VS. UNITED INDIA INSURANCE CO. LTD [LAWS(GAU)-2022-1-17] [REFERRED TO]
RAJENDRA DATTA HALARNKAR VS. DEEPALI DINESH HALARNKAR [LAWS(BOM)-2022-2-189] [REFERRED TO]
MAHANTESH VS. NETHARAVATI [LAWS(KAR)-2022-2-87] [REFERRED TO]
S. CHANDRASEKHARAN VS. M. DINAKAR [LAWS(SC)-2022-7-30] [REFERRED TO]


JUDGEMENT

NAVIN SINHA,J. - (1.)Leave granted.
(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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