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2024 Supreme(Raj) 1181

REKHA BORANA
Rasal Kanwar – Appellant
Versus
Harish Chand – Respondent


Advocates:
Advocate Appeared:
For the Appellant : Avinash Bhati
For the Respondent: Jagdish Chandra Vyas

ORDER :

1. The present appeal has been preferred against the judgment/award dated 24.01.2019 passed by Motor Accidents Claims Tribunal-First, Jodhpur in Motor Accident Claim Case No. 313/2014 (NCV No. 3169/2014) whereby an award for an amount of Rs. 7,61,160/- with interest @ 9% per annum has been passed in favour of the claimants who are mother and father of the deceased.

2. Learned counsel for the claimants submits that there is ample evidence available on record to show that the deceased was engaged in the furniture making work and earned Rs. 16, 000/- per month. Therefore, the income ought to have been computed @ Rs. 16,000/- per month.

Learned counsel further submits that the deduction of half of the income qua personal expenses ought not to have been made and it ought to have been one-third as the claimants-dependants are mother and father of the deceased.

3. At the inception, learned counsel appearing for the respondent Insurance Company fairly admitted that the amount qua head of consortium has not been granted by the learned Tribunal and the award deserves interference only to that extent. He however, submitted that so far as the amount awarded qua the other heads and the loss

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