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ALOK SINGH
SHASHI RASTOGI – Appellant
Versus
UNITED INDIA INSURANCE COMPANY – Respondent
JUDGMENT
Hon'ble Alok Singh, J.
1. The facts and questions of law in both the appeals are common, therefore, both are taken together and disposed of by this common judgment.
2. Brief facts of the present appeals are that deceased Arvind Kumar Rastogi along with Shashi Rastogi was going from Rudrapur to Bilaspur on his scooter bearing no. UP 04 C 1652. Near Arvind Memorial Library, a truck bearing no. USZ 9466 dashed him. Driver of said truck was driving the truck rashly and negligently. In the accident, Arvind Kumar Rastogi succumbed to his injuries. Legal heirs of Arvind Kumar Rastogi filed claim petition. Learned Tribunal allowed the claim petition and granted compensation of Rs. 14,50,000/- against Insurance Company. Feeling aggrieved, claimants approached this Court for enhancement and Insurance Company approached this Court for setting aside the award.
3. Mr. D.N. Sharma, Advocate for the claimants argued that there were five dependents on deceased, therefore, deduction factor from income of deceased should be used “1/5" in place of “1/4".
4. From perusal of record, it transpires that Ms. Diksha Rastogi got married during the pendency of the claim petition, so she cannot be sai
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