LAWS(DLH)-2011-4-46

GIRISH KUMAR Vs. RAJ VIR

Decided On April 26, 2011
GIRISH KUMAR Appellant
V/S
RAJ VIR Respondents

JUDGEMENT

(1.) By way of this appeal the Appellant seeks to impugn the judgment and award dated 16.04.2010 passed in MACT No. 21/2009 titled 'Shri Girish Kumar v. Raj Vir and Ors.'

(2.) The claim petition was filed by Shri Girish Kumar, the Appellant herein, who had suffered grievous injuries in a roadside accident, which occurred on 29.11.2008 at Yamuna Vihar, C-Block Bus Stand, Delhi, against the driver, the owner and the insurer of the offending bus bearing No. DL-1PB-1888, which culminated in the passing of the impugned award dated 16.4.2010 in the sum of 5,49,976/- with interest at the rate of 7.5% per annum in favour of the Appellant and against the Respondent No. 3.

(3.) Although a number of grounds are urged in the appeal, the sole ground pressed by Mr. R.K. Bachchan, the learned Counsel for the Appellant at the time of the hearing of the present appeal is that the deduction of 1/3rd from the income towards the personal expenses and maintenance of the deceased could not have been made by the learned Tribunal while calculating the income of the deceased and the amount of compensation payable to the injured for prospective loss of income.