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2021 Supreme(Jhk) 1014

KAILASH PRASAD DEO
Margina Bibi – Appellant
Versus
United India Insurance Company Limited – Respondent


Advocates:
Advocate Appeared:
For the Appellant : Birendra Kumar.
For the Respondent: D.C. Ghose.

JUDGMENT :

KAILASH PRASAD DEO, J.

1. Heard, learned counsel for the appellants, Mr. Birendra Kumar and learned counsel for the Insurance Company, Mr. D.C. Ghose.

2. Appellants/claimants namely (i) Smt. Margina Bibi (ii) Suleman Khan @ Bablu (Minor) (iii) Raiyesh Khan (Minor) (iv) Sabnam Khatun (Minor) (minors are represented through their natural guardian mother Smt. Margina Bibi,) (v) Md. Abdul Khan and (vi) Smt. Taibun Nisha, have preferred this appeal for enhancement of Award dated 15.09.2014 passed by learned District Judge-IX-cum-MACT, Dhanbad in Title (M.V.) Suit No. 137/2010, whereby claimants have been awarded compensation to the tune of Rs. 4,02,000/- after deducting Rs. 50,000/- which has already been paid under Section 140 of Motor Vehicles Act along with interest @ 6% per annum from the date of filing of this case till the date of recovery.

3. Learned counsel for the appellants has submitted that the claimants have claimed the income of the deceased to be Rs. 7500/- per month, but the learned Tribunal has wrongly considered the notional income of the deceased as Rs. 3,0

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