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2012 Supreme(Raj) 602

MOHAMMAD RAFIQ
Savitri – Appellant
Versus
Kailash – Respondent


Advocates Appeared
Ram Sharan Sharma, for Appellants;
Rajpal Choudhary, for Respondent

RAFIQ, J.—This appeal has been preferred by the claimants assailing the quantum of compensation awarded to them by the Tribunal by award dated 16.02.2009.

2. Shri Ram Sharan Sharma, learned counsel for the appellants has made three fold arguments. His first submission is that in view of the judgement of Supreme Court in Sarla Verma vs. Delhi Transport Corporation-(2009) 6 SCC 121 = 2009(1) CCR 276 (SC) = 2009(4) RLW 2785 (SC), the dependents being six, 1/4th deduction should have been made for the own expenses of the deceased from the monthly income and not 1/3rd which is, what has been done by the Tribunal. The second contention is that deceased was a driver of heavy motor vehicle and his licence was produced in evidence as Ex.16 and therefore to accept that at the age of 40, he would be earning only Rs.3,000 per month is not a reasonable view. The claimants had pleaded and the evidence was also adduced by the claimant widow about the fact that his monthly income was Rs.10,000 per month. Learned counsel relied on the judgement of Supreme Court in Santosh Devi vs. National Insurance Company Limited and Others, Civil Appeal No.3723 of 2012 arising out of SLP (C) No.24489 of 2010, dec





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