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2022 Supreme(J&K) 297

RAJNESH OSWAL
Swaran Kour – Appellant
Versus
Chander Mani – Respondent


Advocates:
Advocate Appeared:
For the Petitioner: Vipan Gandotra.
For the Respondent: D.S. Chauhan.

JUDGMENT :

RAJNESH OSWAL, J.

1. The present appeal has been filed by the appellants/claimants against the judgment and award dated 30.06.2008 passed by the Motor Accidents Claim Tribunal, Jammu (hereinafter to be referred as the Tribunal) in file No. 54/claims, titled, Swaran Kour and Others vs. Chander Mani and Others, by virtue of which a sum of Rs. 7,73,800/- has been awarded in favour of the appellants/claimants along with interest @ 7.5% from the date of filing of the claim petition.

2. Enhancement of the compensation has been sought by the appellants on the following grounds:

    (a) That the multiplier was wrongly applied by the learned Tribunal.

(b) That the future prospects of the deceased have not been taken into consideration by the learned Tribunal.

(c) That the deceased had a large family to support, as such, the income was required to the deducted at the rate of 1/4th, but the learned Tribunal has wrongly deducted the same at the rate of 1/3rd as personal expenses.

3. Mr. Vipan Gandotra, learned counsel for the appellants/claimants vehemently argued that the appellants are e

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