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2010 Supreme(All) 355

P.C.VERMA, R.A.SINGH
UNION OF INDIA – Appellant
Versus
ASHOK KUMAR – Respondent


Advocates:
Counsel :
Ashok Singh for the Petitioner; S.D. Ojha for the Respondent.

JUDGMENT

Honble R.A. Singh, J.—These first appeals have arisen out of judgements and awards dated 29.3.2008 passed by Shri V.K. Mishra, learned Motor Accident Claims Tribunal/Additional District Judge, Court No. 3, Muzaffarnagar, (hereinafter ‘tribunal’) in M.A.C.P. No. 265 of 1998, M.A.C.P. Nos. 116 & 117 of 1999, M.A.C.P. No. 287 of 1998, M.A.C.P. No. 421 of 1998, M.A.C.P. No. 422 of 1998, M.A.C.P. No. 423 of 1998, M.A.C.P. No. 475 of 1999 and M.A.C.P. No. 476 of 1999 (hereinafter claim petition respectively.

2. In F.A.F.O. No. 166 of 2009 claimants Ashok Kumar and Master Ashu claiming themselves to be husband and son of deceased Smt. Sunita instituted M.A.C.P. No. 265 of 1998 with prayer to pass an award for a sum of Rs. 10,32,000/- as compensation alongwith interest under Section 163-A of Motor Vehicles Act, 1988 (hereinafter ‘Act’. The learned tribunal assessed Rs. 15,000/- per month as notional income of Smt. Sunita aged about 38 years applying multiplier according to Second Schedule to Section 163-A and deducted one third amount as expenses to be incurred on her during her life time and calculated compensation at Rs. 1,50,000/- and awarded Rs. 1,55,000/- inclusive funeral exp































































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