FARZANA vs RAMESH CHANDRA - 2021 Supreme(UK) 800

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2021 Supreme(UK) 800

S.K.MISHRA
FARZANA – Appellant
Versus
RAMESH CHANDRA – Respondent

Advocates:
For the Appellant :Mr. Zafar Siddique, Advocate
For the Respondent:Mr. Deepak Rawat, Advocate
For the Appellant :Mr. Deepak Rawat, Advocate
For the Respondent:Mr. Zafar Siddique, Advocate

JUDGMENT

Sri S.K.Mishra, J.

1. Both the appeals are preferred against the same judgment by the claimants and Insurance Company, therefore, both the appeals are heard together and disposed of by this common judgment.

2. Heard Mr. Zafar Ullah Siddique, Advocate for the appellant and Mr. Deepak Rawat, Advocate for the Insurance Company.

3. In this appeal, the legal heirs of Late Shri Shabbir Ahmad alias Shabban have assailed the final judgment/award dated 13.10.2011 passed by Presiding Officer of Motor Accident Claims Tribunal-cum-Additional District Judge/First FTC, Haldwani in Motor Accident Claim Petition No. 37 of 2011. The Tribunal decided all the issues in favour of the claimants and awarded a sum of Rs. 7,40,000/- along with interest @ 7% per annum. The appellants are aggrieved by the quantum of compensation granted in this case on the ground that the Tribunal has taken into consideration income of the deceased as a tempo driver and has ignored the true income tax returns filed by them showing his income to be Rs. 1,50,000/- and Rs. 1,60,000/- for the assessment year 2009-2010, 2010-2011.

4. A careful examination of the record reveals that the learned Judge Presiding the Tribuna

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