NEW INDIA ASSURANCE COMPANY LIMITED Vs. KALPANA

JUDGEMENT

(1.) LEAVE granted.

(2.) CHALLENGE in this appeal is to the order passed by a Division Bench of the Uttaranchal High Court holding that the respondents were entitled to compensation of Rs. 8,16,000/- with interest @ 6% p.a. from the date of filing of the claim petition till the date of actual payment. Before the High Court the claimants had questioned the judgment passed by the Motor Accident Claims Tribunal/Addl. District Judge, Haldwani, District Nainital (in short 'MACT').

(3.) CERTAIN principles were highlighted by this Court in the case of Municipal Corporation of Delhi v. Subhagwanti in the matter of fixing the appropriate multiplier and computation of compensation. In a fatal accident action, the accepted measure of damages awarded to the dependents is the pecuniary loss suffered by them as a result of the death.