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2016 Supreme(Del) 498

R.K.GAUBA
BEENA SHARMA – Appellant
Versus
YUSUF KHAN – Respondent


Advocate Appeared:
Mr. Shekhar Aggarwal and Mr. Suresh Kumar, Advocates.
Mr. P. Acharya, Advocate.

JUDGMENT :

R.K. GAUBA, J.

1. The appellants are aggrieved with the compensation awarded by the motor accident claims tribunal (the tribunal) by judgment dated 05.10.2015 on account of death of Vipul Sharma in motor vehicular accident that occurred on 19.09.2013. The appellants include mother, father and younger brother of the deceased. The grievances are three fold; namely, that future prospects have not been considered, the deduction on account of personal and living expenses is higher than what should have been featured in, in the face of the fact that dependents are more than two, and that multiplier has been wrongly adopted going by the age of the mother rather than that of the deceased.

2. Having heard the learned counsel for appellants, this court finds the appeal lacks substance on all three counts.

3. It is clear from (the para 15 of) the impugned judgment that no formal proof of the regular income of the deceased with possibility of periodic or future increase in the income was adduced. In the name of proof what was submitted was a no objection certificate of M/s M.S. Electronics. The document would not spell out the salary earned from the said firm. In these circumstances,






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