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1980 Supreme(Del) 303

D.K.KAPUR, N.N.GOSWAMY
ISH KUMAR – Appellant
Versus
BHAGWANTI DEVI – Respondent


Advocates Appeared:
H.S.Dhir, R.S.Bakshi

Kapur

( 1 ) THE present Letters Patent Appeal is directed against the Judgment of Anand, J. , in F. A O. No. 103 of 1971. The relevant facts of the case are that one P. C. Sharma had died because of injuries received in an accident which took place on 3. 3. 1965. A claim was made by the legal representatives for Rs. 40,000. 00 before the Motor Accidents Claims Tribunal, Delhi which gave an award of Rs. 20,500. 00 on 148. 1971. The said amount was arrived at after deducting Rs. 6,500. 00 on account of lump sum compensation, so it appears that the Tribunal would have allowed Rs. 27,000. 00 if no lump-sum-payment was involved. Rs. 12,000. 00 was disallowed from the claim on account of certain benefits stated to have been received by the legal representatives which were (1) Rs. 2,400. 00 for gratuity, (2) Rs. 3,600. 00 for pension, (3) Rs. 3. 000. 00 for provident fund and (4) Rs. 3,000. 00 for insurance. Thus if these amounts have not been disallowed, the Tribunal would have awarded Rs. 39,000. 00. On appeal to the learned single Judge all the deductions made by Tribunal were struck down so that Rs. 39,000. 00 were allowed on account of the factors considered by the Tribunal. In addi




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