BHAMA RANI Vs. NATIONAL INSURANCE CO LTD

JUDGEMENT

(1.) THE Appeal is for enhancement of compensation of Rs.3,69,550/- awarded for the death of Yogesh Kumar Gupta, who was bachelor aged 23 years, who died in a motor vehicle accident which occurred on 6th December, 1998.

(2.) IN the absence of any Appeal by the driver/owner or the insurer, the finding on negligence has attained finality.

(3.) I have before me, the affidavit of Mr. Naresh Kumar Gupta, who appeared as PW-1. He testified that his son Yogesh started working as an independent contractor in May, 1998. He was awarded a contract for Rs.20,20,000/- (Ex. PW-1/10) by M/s. Bansal Estate Pvt. Ltd. on 12th May, 1998. The work to the extent of Rs.11,20,000/- was completed by the time Yogesh died. He further proved the contract for Rs.6,00,000/-(Ex. PW-1/12) awarded to the deceased on 1st December, 1998 and another contract for Rs.10,00,000/- (Ex. PW-1/13) awarded on 26th November, 1998.