K.J.THAKER, DINESH PATHAK
Kavita Singh – Appellant
Versus
H. D. F. C. Ergo General Insurance Co. Ltd. – Respondent
JUDGMENT :
1. Heard Sri Mayank, learned counsel for the appellants, Sri Sushil Kumar Mehrotra, learned counsel for the respondent and perused the judgment and order impugned.
2. This appeal, at the behest of the claimants, challenges the judgment and award dated 22.4.2016 passed by Motor Accident Claims Tribunal/Additional District Judge, Court No. 3, Mathura (hereinafter referred to as 'Tribunal') in M.A.C. No. 567 of 2014 awarding a sum of Rs.23,51,000/- with interest at the rate of 7% as compensation.
3. The accident is not in dispute. The issue of negligence decided by the Tribunal is not in dispute. The respondent has not challenged the liability imposed on them. The only issue to be decided is, the quantum of compensation awarded.
4. It is submitted by learned counsel for the appellants that deceased was about 32 years at the time of the accident. Tribunal has wrongly assessed his income as Rs.16260/- by excluding the amount of HRA. It is submitted that in view of the Judgment of Apex Court in Vimal Kanwar and others Vs. Kishore Dan and others, 2013 (3) T.A.C. 6 (S.C.) the Tr
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