DEVENDRA KUMAR ARORA,J. - (1.) Heard Mr. Deepak Kumar Agarwal, learned Counsel for the appellants and Mr. Anil Srivastava, learned Counsel for the respondent No.2-the Oriental Insurance Company Ltd.
(2.) The present First Appeal From Order has been filed by the claimants/appellants for enhancement of compensation awarded by the Motor Accident Claims Tribunal/Additional District and Sessions Judge, Court No. 10, Lucknow, in Claim Petition No. 278 of 2003 : Smt. Devi and others v. Sanjeev Kumar and another , vide judgment and award dated 27.3.2006, whereby the Tribunal has awarded compensation to the tune of Rs. 10,68,740/- along with interest @8% per annum from the date of the award to the claimants/appellants. The Tribunal has awarded the aforesaid compensation on following heads : JUDGEMENT_164_LAWS(ALL)9_2017_1.html
(3.) For enhancement of amount of compensation as awarded by the Tribunal vide award dated 27.3.2006, Counsel for the appellants has urged before us four grounds, which are as under : (1) The Tribunal, while determining the monthly income of deceased Ram Ratan Yadav, has made deduction of the amount of House Building Advance, G.I.S. and G.P.F.; (2) There are four dependents of the deceased, therefore, deduction of ?th amount out of the income of the deceased towards personal expenses ought to have been applied instead of ? ... "rd. (3) As the deceased was a permanent employee in the police department and working as Constable and at the time of death, he was aged about 40 years, therefore, the Tribunal ought to have awarded compensation by making addition of 50% income towards his future prospects but the same has been added by the Tribunal; and (4) The Tribunal erred in directing to the Insurance Company to pay the awarded compensation along with interest @8% per annum from the date of award, instead of from the date of claim petition.;