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2023 Supreme(Del) 3661

NAVIN CHAWLA
Sapna & Ors – Appellant
Versus
Royal Sundaram Alliance Insurance Co. Ltd. – Respondent


Advocates appeared:
Mr.Anshuman Bal, Advocate, for the Appellants. Through:
Mr.Pankaj Gupta, Advocate for Ms. Suman Bagga, Advocate, for R-1.

JUDGMENT

Navin Chawla, J. (Oral)

1. This appeal has been filed by the appellants challenging the Award dated 19.7.2017 passed by the Motor Accidents Claims Tribunal (Pilot Court), Karkardooma Courts, Delhi (hereinafter referred to as the learned `Tribunal') in MACT No.14369/2015 titled Sapna & Ors. v. Mohd. Azad & Ors..

2. The appellants were the Claimants before the learned Tribunal and are aggrieved of the compensation awarded in their favour.

3. The learned counsel for the appellants submits that the learned Tribunal has erred in deducting 1/3rd from the income of the deceased- Late Sh.Karamveer, who unfortunately died in the accident in question, towards his personal expenses. He submits that at the time of the death, the deceased had left behind three legal heirs, that is, the parents and the wife. The wife of the deceased at that time was pregnant, and later a baby girl was born on 25.06.2012. Unfortunately, the father of the deceased died during the pendency of the Claim Petition and therefore, he was deleted from the array of parties. Instead, the appellant no.3, who was born later, was added as a claimant. He submits that as there were four family members, including the

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