- (1.) There is delay of 1099 days in filing the present cross objection. The cross-objector has filed an application under Section 5 of the Limitation Act for condonation of delay. Heard on the application. In view of the reasons mentioned in the application, same is allowed. The present appeal has been preferred by appellant-Insurance Company against the award dated 25.01.2012 passed by learned Motor Accidents Claims Tribunal, Ambala (for short the Tribunal), vide which the claim petition filed by respondent No.1 Raghav Bhadwaj for grant of compensation on account of death of his mother in the motor vehicular accident which took place on 27.05.2010 was allowed and he was awarded the compensation to the tune of Rs.8,16,000/- along with interest @ 9% per annum. Respondent No.1-claimant has also filed the crossobjection for enhancement of the amount of compensation.
(2.) I have heard Mr. Ninin Mittal, Advocate learned counsel for the appellant, Mr. Ashish Gupta, Advocate, learned counsel for respondent No.1-cross objector, Mr. Ayuwan Singh, learned A.A.G., Haryana, for respondent No.3 and gone through the paper-book carefully.
(3.) Learned counsel for the appellant-Insurance Company contended that the learned Tribunal has not deducted any amount from the income of the deceased towards her living and personal expenses. The entire income of the deceased has been taken into consideration for computing the amount of compensation which is wrong. 1/3rd of the income of the deceased should have been deducted towards her personal and living expenses and then the amount of compensation should have been worked out.;