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2024 Supreme(Raj) 620

NARENDRA SINGH DHADDHA
New India Assurance Co. Ltd. – Appellant
Versus
Savitri Devi, W/o. Late Sh. Sita Ram – Respondent


Advocates Appeared:
For the Appellant : Mr. Rishipal Agarwal.
For the Respondent: Mr. Kapil Sharma, Adv. for Mr. Sandeep Mathur.

JUDGMENT :

Narendra Singh Dhaddha, J.

1. The present appeal under Section 173 of the Motor Vehicle Act, 1988 has been preferred by the appellant-non-claimant-The New India Assurance Company Limited (for short ’the Assurance Company’) against the judgment and award dated 17.09.2019 passed by the Motor Accident Claims Tribunal, Dausa (for short ‘the Tribunal’) in claim case No.31/2016, whereby the claim petition filed by the respondents claimants Nos.1 to 4 (for short ‘the claimants’) has been partly allowed and the Tribunal has awarded a sum of Rs.31,19,816/- along with interest @ 7% per annum from the date of filing the claim petition in their favour and against the respondents-non-claimants (for short ‘the non-claimants’) jointly and severally.

2. Learned counsel for the Assurance Company submits that the Tribunal has erred in not deducting Rs.1,450/- per month being paid against house rent to the deceased. Learned counsel for the Assurance Company further submits that house rent is required to be deducted from the gross income of the deceased. Learned counsel for the Assurance Company also submits that the Tribunal has erred in not applying the split multiplier overlooking the fact

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