ORDER

This Misc. Appeal, under Section 173 of the Motor Vehicles Act, has been filed against the Award dated 06.12.2019 passed by Xth Motor Accident Claims Tribunal, Gwalior (M.P.) in MACC No.642/2018.

2. Since the factum of accident & liability is not in dispute therefore it is suffice to mention here that in a head on collision which took place on 25/05/2018 between two vehicles, two persons, namely, Hariom Batham & Vimlesh Dixit lost their lives. Vimlesh Dixit was driving the car whereas Hariom Batham was sitting. The present appeal arises out of the Claim Petition filed by Lrs of Hariom Batham.

3. It is submitted by counsel for Insurance Company that ex gratia amount which has been received by the claimants from the department on account of Signature Not Verified Signed by: PAWAN death of deceased has not been adjusted, which is contrary to judgment passed by Supreme Court in the case of Krishna and others Vs. Tek Chand and others reported in 2024 ACJ 443. It is submitted that mother and father of deceased cannot be treated as dependents and therefore personal expenses should have been taken as 1/4. It is further submitted that Claims Tribunal has also directed that the income tax