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2022 Supreme(SC) 943

M. R. SHAH, KRISHNA MURARI
Sumathy – Appellant
Versus
Babu – Respondent


Advocates appeared:
For the Appellant(s) : Mr. Sanand Ramakrishnan, AOR
For the Respondent(s): Mr. Abhishek Gola, Adv Mr. Viresh B. Saharya, AOR Mr. Akshat Agarwal, Adv.

JUDGMENT :

M.R. SHAH, J.

1. Feeling aggrieved and dissatisfied with the impugned judgment and order dated 29.02.2016 passed by the High Court of Kerala at Ernakulam in MACA No. 1376 of 2006 and order dated 22.06.2016 passed in R.P. No. 461 of 2016 in MACA No. 1376 of 2006, the original claimants have preferred the present appeals.

2. In a vehicular accident which occurred on 22.01.2002, the husband of the first appellant died. At the relevant time, he was working as mason and aged 48/52 years. The appellants-original claimants-widow and other dependent children filed a claim petition before the Motor Accident Claim Tribunal, Preumbavoor (hereinafter referred to as the ‘Tribunal’). The Tribunal awarded a total sum of Rs. 3,05,000/- under different heads along with interest @ 7% per annum from the date of filing the claim petition. While determining the compensation, the Tribunal considered the income of the deceased at Rs. 1,800/- per month and thereafter after deducting 1/3rd towards personal expenditure and applying the relevant multiplier awarded the amount of compensation towards loss of dependency at Rs. 1,87,200/-.

2.1 In an appeal before the High Court, by the impugned judgment a

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