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2022 Supreme(Raj) 2438

ANOOP KUMAR DHAND
Champa Joshi – Appellant
Versus
Dileep @ Daleep – Respondent


Advocates appeared:
Mr. Sandeep Mathur, for the Appellant
Mr. Satish Khandal, for the Respondent.

ORDER

1. The instant appeal under Section 173 of the Motor Vehicles Act, 1988 has been preferred by the appellants against the judgment and award dated 28.04.2011, passed by the Motor Accident Claims Tribunal-cum-Additional District Judge (Fast Track No.7), Jaipur City, Jaipur (for short 'Tribunal') in MAC Case No.405/2005 (1946/2004), whereby, the Tribunal has awarded a sum of Rs. 6,72,700/- on account of death of Shiv Dutt Joshi, which occurred on 22.11.2001.

2. Learned Tribunal after framing the issues, evaluating the evidence available on record and hearing both the sides, decided the claim petition of the appellants and awarded compensation of Rs.6,72,700/- under various heads in favour of the appellants- claimants.

3. Learned counsel for the appellants submitted that deceased was aged about 38 years at the time of accident and he was working as Class IV employee in the department of Sales Tax and at the time of his death he was earning Rs.5020/-. Learned counsel submitted that no amount towards future prospects has been awarded in the light of the judgment of the Hon'ble Supreme Court in the case of National Insurance Company Ltd. v. Pranay Sethi & Ors. : (2017) 16 SCC 680. Lear

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