ORDER

1. Heard on I.A. No.1751/2020, an application under section 5 of Limitation Act.

2. The appeal was filed with delay of 46 days.

3. For the reasons mentioned in the application, the same is allowed. The delay in filing the appeal is hereby condoned.

4. This Miscellaneous Appeal under section 173 of Motor Vehicles Act has been filed against the Award dated 29.8.2019 passed by Second Additional Motor Accident Claims Tribunal, Rewa, District Rewa (M.P.) in Claim Case No.2000443/2016.

5. Since the factum of accident is not in dispute, therefore it is sufficient to mention that the deceased – Kamleshwar Prasad Tiwari died in a vehicular accident on 22.4.2016.

6. Challenging the Award passed by the Claims Tribunal, it is submitted by the counsel for the appellants that the Claims Tribunal should not have deducted the family pension which the appellant No.1 is getting on account of death of her husband and has also not granted consortium to the other appellants.

7. Per contra, it is submitted by the counsel for the respondents that in order to assess just compensation, any amount which is received by the claimants on account of death of the deceased is liable to be deducted. It is sub