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2023 Supreme(Del) 1986

GAURANG KANTH
Sadhna – Appellant
Versus
Vijay – Respondent


Advocates appeared:
Mr. Pratap Singh, Advocate, for the Appellant.
Mr. Pankaj Gupta for Ms. Suman Bagga, Advocates, for the Respondent-3.

JUDGMENT

Gaurang Kanth, J. The present appeal has been preferred by the Appellants under Section 173 of the Motor Vehicles Act, 1988 ("the Act") against the Award dated 16.01.2013 passed by the Court of learned Presiding Officer, Motor Accident Claims Tribunal, (West), Delhi ("impugned Award").

2. By way of impugned Award dated 16.01.2013 the learned Claims Tribunal awarded a compensation of Rs.46,60,124/- with interest @ 7.5% per annum from the date of filing of the claim petition till realization of the amount and directed the Insurance Company to pay the entire awarded amount within a period of one month. Learned Claims Tribunal granted the compensation under the following heads:

HeadAmount
Loss of Dependency (Rs.3,19,718.25 p X 14)Rs.44,76,055/-
Loss of love and affectionRs.25,000/-
Funeral ChargesRs.10,000/-
Loss of EstateRs.10,000/-
Loss of ConsortiumRs.10,000/-
Medical ExpensesRs.1,14,069/-
Special diet and conveyanceRs.15,000/-
TotalRs.46,60,114/-

SUBMISSION OF THE APPELLANTS

3. Mr. Pratap Singh, learned counsel for the appellants while seeking enhancement of the compensation contended that the learned Claims Tribunal erred in calculating the monthly income of the deceased/vi

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