Office Notes,

reports, orders or proceedings

SL.

Date or directions COURT’S OR JUDGE’S ORDERS

No.

and Registrar’s

order with Signatures

A.O. No.128 of 2023

Hon’ble Alok Mahra, J.

Mr. Bharat Tewari, Advocate for the

appellant.

Mr. Ghanshyam Joshi and Mr. Sandeep

Tiwari, Advocate for the respondent nos.1 to

3.

Mr. B.S. Koranga, Advocate for

respondent nos.4 & 5.

2. This Appeal from Order has been filed by the Insurance Company, challenging the award dated 07.10.2022 passed by learned M.A.C.T./Ist Additional District Judge, Haldwani, District Nainital in M.A.C.P. No.

183 of 2019.

3. Learned counsel for the appellant has assailed the impugned award on the specific ground that the learned Tribunal has erred in making deduction towards personal and living expenses of the deceased. It is contended that although there were three dependents of the deceased, the Tribunal wrongly applied a deduction of 1/4^th from the annual income of the deceased; whereas, in accordance with the settled principles laid down by the Hon’ble Supreme Court, the appropriate deduction ought to have been 1/3^rd in three dependents. In order to buttress his argument, learned counsel for the appellant placed reliance upon the judgment r