TATA AIG GENERAL INSURANCE CO LTD Vs. KAUSHLYA DEVI
LAWS(DLH)-2012-1-304
HIGH COURT OF DELHI
Decided on January 23,2012

TATA AIG GENERAL INSURANCE CO. LTD Appellant
VERSUS
KAUSHLYA DEVI Respondents

JUDGEMENT

- (1.) The Appellant Tata AIG General Insurance Company Limited impugns the award passed by the Motor Accident Claims Tribunal, (the Tribunal) wherein the Claimants (Respondents No. 1 to 5 herein) were awarded a compensation of Rs.7,82,564/- for the death of Raghunandan Yadav (hereinafter referred to as the 'deceased') who was 41 years of age at the time of the accident.
(2.) On 26.10.2008, the deceased and Manoj Kumar were travelling on a motorcycle bearing the Registration No. DL-1SQ-0403. At about 9.15 p.m. when they reached at Bhorgarh Alipur Main road, near Petrol Pump Narela, a truck bearing No. HR-55G- 9676 came from Bhorgarh's side and hit the vehicle of the deceased as a result of which he (deceased) sustained grievous injuries, which resulted in his death.
(3.) The contentions raised on behalf of the Appellant are :- (i) That there was no proof of negligence on the offending vehicle and therefore the Respondents were not entitled for any compensation. (ii) That the deceased was not entitled for any increase in income as his income was computed according to the Minimum Wages. CONTENTION (i):;


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