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2023 Supreme(Bom) 982

S. G. DIGE
Asad Musabhai Mithani – Appellant
Versus
Bombay Municipal Corporation Of Gr. Bombay – Respondent


Advocates appeared:
T.J.Mendon, Advocate, Shraddha Chheda, Advocate, Navdeep Vora, Advocate

JUDGMENT

1. The issue involved in this appeal is monthly income of deceased is considered by the tribunal on lower side.

2. It is the contention of learned counsel for appellants that the tribunal has committed grave error in not accepting the income of deceased at Rs.15,000.00 per month. The deceased was educated and was working as an Interior Designer and Decorater. The deceased had great future prospects and bound to earn substantial amount as his income. But, the Tribunal has considered Rs.3,000.00 per month as monthly income of deceased which is on lower side. The evidence is produced on record to show monthly income of deceased was Rs.15,000.00 but, it was not considered by the tribunal. Hence, requested to allow the appeal.

3. It is the contention of learned counsel for the respondent that no evidence produced on record to prove the income of deceased was at Rs.15,000.00 per month, on the basis of evidence produced on record. The tribunal has considered notional income of Rs.3,000.00 per month which is proper. The deceased was bachelor but the tribunal has deducted 1/3rd income for personal expenses, it should be 1/2.

4. I have heard both learned counsel, perused judgment and or

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