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2023 Supreme(Del) 5966

NAVIN CHAWLA
Asha – Appellant
Versus
Kundan Singh – Respondent


Advocates appeared:
Mr. S.N. Parasher, Advocate, for the Appellant.
Mr. Abhishek Gola and Mr. Anshul Kumar, Advocates, for R-3.

JUDGMENT

Navin Chawla, J. (Oral)

1. This appeal has been filed by the appellants/claimants, challenging the Award dated 25.01.2020 (hereinafter referred to as the `Impugned Award') passed by the learned Motor Accidents Claims Tribunal (South-East District), Saket Courts, New Delhi (hereinafter referred to as `Tribunal') in MACT No.738/18, titled as Asha & Ors. vs. Kundan Singh & Ors..

INCOME OF THE DECEASED:

2. The challenge of the appellants to the Impugned Award is against the learned Tribunal assessing the income of the deceased- Mr. Ravinder Kumar at Rs.16,330/- based on the salary slip of the petitioner for the month of March, 2018 (Ex.PW3/1).

3. The learned counsel for the appellants submits that in the month of March, 2018, the deceased had worked only for 20 days because of which his Basic Pay was reflected as Rs.11,538/-. He submits that the same should not have been taken into account as it was not for the full month. On the other hand, the salary certificate for the month of February, 2018, which was for the full month and reflected the Basic Pay of the deceased as Rs.15,000/-; HRA of Rs.6229/-; Conveyance of Rs.1292/-; and Washing Allowance of Rs.554/-, totaling Rs.23,075/-,

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