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2023 Supreme(MP) 883

ACHAL KUMAR PALIWAL
Gayatri Devi W/o Chetan Sharma – Appellant
Versus
Roop Narayan S/o Badrilal Sahu – Respondent


Advocates:
Advocate Appeared:
For the Appellant : Rajesh Lal.
For the Respondents: Pradeep Gupta, Bhaskar Agrawal.

ORDER :

1. This common order shall govern disposal of both M.A. No. 2354/2013 and M.A. No. 2278/2013 as both appeals arise out common award dated 13.08.2013.

2. These appeals by the appellants/claimants (M.A. No. 2354/2013) and Insurance Company (M.A. No. 2278/2013) under section 173(1) of the Motor Vehicles Act are arising out of the award dated 13.08.2013 passed by Member, MACT, Dewas district Dewas in Claim Case No. 248/2009 seeking enhancement/reduction of compensation amount awarded by the Tribunal.

3. Learned counsel for the appellant/claimants has submitted that Tribunal has assessed deceased’s income on the lower side. Deceased was appointed on a monthly salary of Rs. 14,603/-. Hence, his monthly income should be determined as Rs. 14,603/- per month. Further, annual bonus of Rs. 55,000/- be also added in the income.

4. Learned counsel for the Insurance Company has submitted that Tribunal has assessed deceased’s income on the higher side. As per deposition of PW-2 Anil Sharma and salary slip Ex.P/17, Deceased’s basic salary was Rs. 8190/- per month. Learned counsel for the I

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