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2023 Supreme(Pat) 687

KHATIM REZA
Mamta Devi – Appellant
Versus
Manoj Kumar – Respondent


Advocates appeared:
For the Appellants : Mr. Mukesh Prasad Singh.
For the Respondents: M/s Durgesh Kumar Singh, Abhijeet Kumar Singh, Ritesh Kumar Jha.

ORDER

Heard Mr. Mukesh Prasad Singh, learned counsel for the appellants as well as Mr. Durgesh Kumar Singh, learned counsel for the respondent no. 3.

2. The instant Miscellaneous Appeal has been filed under Section 173 of the Motor Vehicles Act, 1988 (hereinafter referred to as ‘the Act of 1988’) for enhancing of the525 compensation allowed to the claimants-appellants by the learned Additional District Judge-VIII-cum-Motor Accident Claim Tribunal, Patna (hereinafter referred to as ‘the learned Tribunal’) in Claim Case No. 281 of 2012. By judgment dated 14.11.2014 and award dated 27.01.2016, the learned Tribunal directed the Reliance General Insurance Company to pay the compensation amount of Rs. 5,85,500/- (Five Lacs eighty five thousand and five hundred only) with annual interest @6% from the date of institution of this case. Details of calculation made by the learned tribunal as under: –

(i)

Monthly income of deceased

Rs. 4,000/-

(ii)

Annual income of deceased

Rs. 4,000X12=48,000/-

(iii)

1/3rd personal expenses of deceased

Rs. 16,000/-

(iv)

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