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2014 Supreme(P&H) 1642

JITENDRA CHAUHAN
Vinay Kumar Chhabra – Appellant
Versus
Pinki Bhasin – Respondent


Advocates Appeared:
For the Appellant : Parveen Dutt and G.C. Shahpuri

JUDGMENT :

Jitendra Chauhan, J.

The present appeal has been preferred by the claimant-appellants, seeking enhancement of the amount of compensation awarded vide impugned award dated 14.12.2011, passed by the learned Motor Accident Claims Tribunal, Yamuna Nagar at Jagadhri (for short, 'the Tribunal'). The learned counsel contends that the learned Tribunal erred in applying the deduction to the extent of 1/2. Nothing has been provided for future prospects. It is further submitted that no compensation has been awarded on account of loss of consortium etc.

2. There is no assistance on behalf of the respondents.

3. I have heard learned counsel for the appellants and gone through the record.

4. In the instant case, the deceased, Rashmi, was 41 years old at the time of her death in the accident. The claimant-appellants are the husband and minor son, respectively. As the husband himself was earning, he was not considered as dependant and the deduction to the extent of 1/2 was made on account of personal expenses. However, this Court feels that even in the cases where both the spouses are working, it cannot be said that the wife would spend 1/2 out of her income on personal expenses and contribu




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