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2024 Supreme(All) 862

VIPIN CHANDRA DIXIT
Sanoj – Appellant
Versus
Mangla Oil Carier Pvt. Ltd. – Respondent


Advocates:
Advocate Appeared:
For the Appellants : Vikash Singh, Nigamendra Shukla.
For the Respondents: Anand Pati Tiwari, Bhartendu Pathak.

JUDGMENT :

VIPIN CHANDRA DIXIT, J.

1. List has been revised.

2. Heard Sri Nigamendra Shukla, learned counsel for the appellant and Sri Bhartendu Pathak, learned counsel for the respondent no. 3 and perused the record. No one is present on behalf of respondent nos. 1 and 2, who are owner and driver of vehicle.

3. This first appeal from order has been filed by the appellant against the judgment and award dated 18.04.2016 passed by Additional District Judge, Court No. -13/ Motor Accident Claims Tribunal, Ghaziabad in M.A.C.P. No. 380 of 2013 (Sanoj Kumar Vs. M/s Mangala Oil Carrier Pvt. Ltd. and Others) by which compensation of Rs. 6,10,068/-along with 6% interest has been awarded in favour of claimant-appellant on account of injuries received by him.

4. It is submitted by learned counsel for the appellant that a very meager amount has been awarded by the claims tribunal. The claimant has fully proved his income by producing cogent evidence and the claims tribunal has erred in awarding compensation accepting Rs. 4,153/-as monthly income of the claimant and amount of Rs. 1,765/-received by the claimant under the head of H.R.A. was deducted by the tribunal from the income of the deceased. Th

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