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For Appellant : Mr. Sumit Shrivastava, Advocate on behalf of
Mr. Anil Gulati, Advocate
For Respondent No.8 : Mrs. Meena Shastri, Advocate
Hon’ble Shri Justice Parth Prateem Sahu
Judgment On Board
4/7/2025
1. Questioning the method of calculation of compensation on the
death of a minor child in a road traffic accident on the ground
that that deceased child being only five years old, the award of
compensation of Rs.10,78,000/- is highly exorbitant, appellant
Insurance Company has preferred this appeal under Section
173 of the Motor Vehicles Act, 1988 (for short ‘the Act of
1988’).
2. Brief facts of the case are that on 20.2.2014 at about 3:30 p.m.
when daughter of claimants namely Urmila was standing near
the house, pick-up vehicle bearing registration No.MP53-G-
0448 (henceforth ‘the offending vehicle’), driven in a rash and
negligent manner by its driver, dashed her as a result she
sustained grievous injuries and died during the course of
treatment. Due to death of deceased, appellants/claimants,
who are parents of child, filed an application under Section 166
of the Act of 1988 seeking compensation.
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