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2019 Supreme(MP) 81

VIVEK AGARWAL
Durgadevi Dohare – Appellant
Versus
Rajendra Singh Kushwah – Respondent


Advocates:
Ashok Kumar Yadav for appellants; Shrinivas Gajendra Gadkar for respondent No.3/Insurance Company.

ORDER

1. This Miscellaneous Appeal has been filed by the claimants being aggrieved by award dated 31.10.2014 passed by the Court of First Additional Motor Accident Claims Tribunal, Gwalior in Claim Case No. 67/2014, whereby a sum of Rs. 21,85,960/- has been awarded in favour of the claimants.

2. It is submitted that while making such computation of claim amount, future prospects have not been taken into consideration, whereas deceased Shivendra Singh was admittedly working as Head Constable in Madhya Pradesh Police Department at P.T.S. Tighra and therefore, future prospects should have been taken into consideration. It is submitted that since the admitted age of the deceased was between 51-55 years, he should be entitled to an addition of 15% towards future prospects.

3. Learned counsel for the Insurance Company on the other hand submits that he has filed cross-objections under Order 41 rule 22 CPC and has taken a plea that since the deceased has major children, therefore, tribunal erred in assessing the dependency at 2/3 of the income of the deceased. It is also submitted that Claims Tribunal has erred in awarding a sum of Rs. 1,25,000/- towards last rites and loss of consortium ag



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