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2023 Supreme(Del) 5646

ANISH DAYAL
Seema Devi – Appellant
Versus
Hdfc Ergo General Insurance Co Ltd – Respondent


Advocates appeared:
Mr. Kumar Dushyant Singh, Mr. Bhuvneshwar Singh, Ms. Pooja Singh and Ms. Subasri Jaganathan, Advocate, for the Appellant; Mr. Pankaj Gupta, Advocate, for Mr. Suman Bagga, Advocate, for the Respondent.

JUDGMENT

Anish Dayal, J. - The present appeals have been filed under Section 173 of the Motor Vehicles Act, 1988 ("the Act") assailing award dated 10th January, 2014 ("impugned award") passed by the Presiding Officer, Motor Accidents Claim Tribunal, Saket, New Delhi ("MACT").

2. HDFC Ergo General Insurance Co. Ltd. ("the Insurance Company") seeks modification of the impugned award on grounds that the monthly income of the deceased has been wrongly assessed, computation of dependents of the deceased is erroneous, and excess interest has been awarded. While the legal heirs of the deceased, Smt. Seema Devi (wife of the deceased/PW1), Master Abhay (son of the deceased), Shri Rameshwar Singh and Smt. Rama Devi (parents of the deceased) seek enhancement of the awarded amount.

Factual Background

3. On 17th April, 2012 at about 7:00 P.M., Rupender Singh ("the deceased"), aged 29 years at the time, was travelling to his village Isara Purvi, Uttar Pradesh on a motorcycle bearing number DL-9SM-1369. At this time, when he reached Edward Building, Noida Highway, District Gautam Budh Nagar, a

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