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2023 Supreme(Del) 3439

NAVIN CHAWLA
Sheeba @ Shiva – Appellant
Versus
Tata Aig Gen. Ins. Co. Ltd. Ors. – Respondent


Advocates appeared:
Mr.Manish Maini, Ms.Yashika Miglani and Mr.Vibhor Jain, Advocates, for the Petitioner.
Ms.Vandana Kahlon and Mr.Rudra Kahlon, Advocates for R-1.

Navin Chawla, J. (Oral)

1. This appeal has been filed by the appellant, who was the claimant, challenging the Impugned Award dated 26.02.2021 passed by the learned Motor Accidents Claims Tribunal, East District, Karkardooma Courts, Delhi (hereinafter referred to as the `Tribunal') in MACT No.516/2016, to a limited extent that while awarding loss of income to the appellant, the learned Tribunal has taken the minimum wages that were applicable to the State of Uttar Pradesh (hereinafter referred to as `UP') instead of what was applicable to the State of NCT of Delhi. The appellant further challenges the multiplier of 17 adopted by the learned Tribunal instead of 18, though it was proved on record that the appellant was only 25 years and 8 months old.

2. As far as the minimum wages are concerned, the learned counsel for the appellant submits that the Aadhaar card, which was produced before the learned Tribunal, showed that the appellant was a resident of Delhi. In fact, in the Memo of Parties also, the appellant's residential address was given as that of Delhi.

3. On the other hand, the learned counsel for the respondent no.1 submits that the accident in question had occurred on th

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