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2023 Supreme(Raj) 583

NARENDRA SINGH DHADDHA
National Insurance Company Limited – Appellant
Versus
Raj Kamal W/o Late Atar Singh – Respondent


Advocates:
Advocate Appeared:
For the Appellant : Mr. S. R. Joshi, Adv. with Mr. Ganesh Joshi, Adv.
For the Respondent: Mr. S. S. Sunda, Adv. with Mr. Anil Agarwal, Adv.

JUDGMENT :

1. Instant appeal has been preferred by the appellant-Insurance Company (for short ‘the Insurance Company’) against the judgment and award dated 17.09.2011 passed by Motor Accident Claims Tribunal, Kishangarh Bas, District Alwar (hereinafter referred to as ‘the Tribunal’) in Claim Case No.90/2009, whereby an amount of Rs.16,19,596/-alongwith interest @ 9% per annum from the date of filing of the claim petition was awarded as compensation in favour of the respondent Nos.1 to 4 ((for short ‘the claimants’).

2. Learned counsel for the Insurance Company submits that the Tribunal had erred in assessing the income of the deceased as Rs.22,703/-per month. Learned counsel for the Insurance Company also submits that the Tribunal deducted only 1/5th towards the personal expenses of the income of the deceased, whereas deceased had 3 family members because deceased’s son had got the Government Job. So, deduction should be 1/3rd of the deceased’s income. Learned counsel for the Insurance Company also submits that the Tribunal had not deducted the income tax on the awarded amount, a

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