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Raj Kumar S/O Sh. Chhidda Singh vs Sanjeev Kumar on 18 January, 2014

In Ganga Devi (supra) where the deceased was to be awarded MBBS Degree in a short time Hon'ble Delhi High Court took potential income of the deceased as Rs. 18,000/­ per month, in Bharat Singh (supra) where the deceased scored 87% marks in 12th examination and got admission in Aurobindo College in Delhi University, her potential income was assessed at Rs. MACT No. 524/09, 525/09, 526/09 & 528/09 19 of 29 15,000/­ per month, in Sumitra Sharma (supra) where deceased scored 89.3% marks in 12th examination and 97% marks in mathematics, qualified CEET 2005 Test and got admission in the Institute of Technology & Management, Faridabad, her potential income was assessed at Rs. 17,940/­ per month and in Sheela Devi (supra) where deceased was third year student of Electronics & Communication Engineering at Amity School of Engineering & Technology Bijwasan, New Delhi, potential income of deceased was taken as Rs. 20,000/­ per month.
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Smt. Poonam (Age 22 Yrs. ­ Widow) vs Sh. Amit Kumar (Driver) on 13 December, 2012

49. So far as loss of love and affection is concerned, Hon'ble High Court of Delhi in the case of New India Assurance Company Ltd. Vs. Bharat Singh: MAC Appeal No. 137/12, dated 08.08.2012 has held that when full compensation towards loss of dependency is granted, only a MACT No. 44/12/10 Smt. Poonam & Ors. v. Sh. Amit Kumar & Ors. Page 11 of 15 nominal sum is to be awarded towards loss of Love and Affection.
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Delhi vs Sh. Govind Singh S/O Sh. Satyawan on 1 December, 2012

22. He was only an average student and had learnt only basics of computers. Potential income of victim was taken in Ganga Devi (Supra) where deceased was to be awarded MBBS degree in a short time; in Ramesh Chand Joshi (Supra) where deceased was pursuing professional course in a prestigious Delhi College of Engineering; in Bharat Singh (Supra) where deceased was meritorious student and got admission in Aurobindo College, Delhi MACT 570/06 Saroj Bala Vs. Govind 10/20 University and in Sumitra Sharma (Supra) where deceased was a brilliant student and had qualified CEET­2005 and got admission in Institution of Technology & Management, Faridabad.
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Mact No. 139/12/11 Smt. Dhanpati & Ors. vs . General Manager Haryana Roadways & ... on 30 October, 2012

60. So far as, Loss of Love and Affection is concerned, Hon'ble High Court of Delhi in the case of New India Assurance Company Ltd. Vs. Bharat Singh: MAC Appeal No. 137/12, dated 08.08.2012 has held that when full compensation towards loss of dependency is granted, only a nominal sum is to be awarded towards loss of Love and Affection. The trend of the Hon'ble High Courts and the Hon'ble Supreme Court is to grant a compensation of Rs. 25,000/­ for MACT No. 139/12/11 Smt. Dhanpati & Ors. Vs. General Manager Haryana Roadways & Ors. Page 11 of 14 Loss of Love and Affection.
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Joginder vs . M/S. Vikas Road Carriers on 16 November, 2012

1 Loss of dependency (4845*17*12) = Rs. 9,88,380/­ MACP No. 18/09 ( Page no 8 of 8) -:9:- Joginder vs. M/s. Vikas Road Carriers 2 Loss of Love and affection* = Rs. 25,000/­ 3 For funeral expenses = Rs. 10,000/­ 4 Loss of estate = Rs. 10,000/­ 5 Loss of consortium = Rs. 10,000/­ ____________________________________________________________________ Total Rs. 10,43,380/­ (Rupees Eleven Lakhs, Eighteen thousand, three hundred and eighty only) *Under the head of loss of love and affection only Rs.25,000/­ (in total to all the claimants) is granted after relying up on the judgment of our own Hon'ble High Court in MAC APP. 137/2012 titled as New India Assurance co. Ltd. vs. Bharat Singh decided on 08.08.2012 wherein observed that when full compensation is awarded towards loss of dependency then only a nominal sum is to be awarded under the aforesaid heads.
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