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2021 Supreme(Raj) 1263

VINIT KUMAR MATHUR
Dharmpal Singh – Appellant
Versus
New India Assurance Company Limited – Respondent


Advocates:
Advocate Appeared:
For the Appellant : Vikas Bijarnia
For the Respondent: Rajesh Choudhary and Kirti Pareek

JUDGMENT : :

Vinit Kumar Mathur, J.

1. With the consent of learned counsel for the parties, the matter is being heard and decided finally.

2. The present appeal arises out of the judgment and award dated 06.02.2020 passed by learned Judge, Motor Accident Claims Tribunal, Rajgarh in Motor Accident Claim Case No. 67/2018 whereby, the Tribunal awarded a sum of Rs. 40,80,000/- in favour of appellants-claimants on account of the death of Kuldeep Kumar in the accident which occurred on 25.04.2018.

3. The learned Tribunal, after framing the issues, evaluating the evidence on record and hearing learned counsel for the parties decided the claim petition of the appellants-claimants.

4. Learned counsel for the appellants - claimants submitted that the Tribunal had not computed the award properly and the amount which was paid as an ex-gratia amount, was wrongly deducted from the amount of compensation in the present case. He further submits that the deductions were also made from the income of the deceased to the extent of 50% as spent on himself and thus, the Tribunal committed an error while awarding the amount of compensation and awarded the sum of compensation on the lower side. He, therefore,

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