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2019 Supreme(All) 646

SARAL SRIVASTAVA
Dinesh Chandra Tiwari – Appellant
Versus
Niramal Tiraki – Respondent


Advocates:
Advocate Appeared:
For the Appellant : Sudhir Kumar Srivastava, L.K. Pandey, Man Mohan Misra, S.C. Pandey, Sudhanshu Kumar
For the Respondent: Pramod Kumar Singh

JUDGMENT :

1. Heard Sri Sudhanshu Kumar & Sri Man Mohan Misra, learned counsel for the appellants and Sri Pramod Kumar Singh, learned counsel for the respondents.

2. The appellant being dissatisfied with the quantification of compensation awarded by the Tribunal has preferred the present appeal for enhancement of compensation.

3. A claim petition was instituted by the appellants for the death of their son Anand Kumar Tiwari in an accident on 28.05.2003 by army bus no.85P/5046 N. According to the claimants appellants the deceased had completed Bachelor of Arts and was also running PCO shop and merchant shop and was earning Rs.5000/- per month. The appellants in the aforesaid backdrop, prayed for compensation of Rs.2,10,000/-.

4. The Tribunal while assessing the compensation has held the income of the deceased to be Rs.15,000/- per month on the basis of notional income as provided in second schedule of under Section 163(A) of the Motor Vehicles Act. The Tribunal thereafter deducted 2/3rd from the said amount towards personal expenses of the deceased and applied multiplier of 13 and awarded Rs.65,000/-.

5. Besides above, the Tribunal awarded Rs.2000/- towards funeral expenses and Rs.2500/-

















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