+ MAC.APP. 268/2013
ICICI LOMBARD GENERAL INSURANCE
CO. LTD. ..... Appellant Represented by: Mr. A.K. Soni, Adv.
versus
KANTA DEVI & ORS. ..... Respondents Represented by: Mr. Neeraj Gupta,
Adv. for R1 and R3.
CORAM:
HON'BLE MR. JUSTICE SURESH KAIT
SURESH KAIT, J. (Oral)
1. Vide the instant appeal, the appellant has assailed the award dated 17.12.2012, whereby ld. Tribunal has granted compensation for a sum of Rs.6,01,600/- with interest @ 7.5% per annum from the date of filing of the petition till its realization.
2. Present appal has been filed mainly on the ground that there were two dependents, i.e., parents, however, ld. Tribunal has deducted 1/3rd instead of ½ towards personal expenses.
3. Ld. Counsel appearing on behalf of the appellant submits that sister cannot be considered as dependents, therefore, there were only
MAC.APP No.268/2013 Page 1 of 3 two dependents and ld. Tribunal ought to have deducted ½ of the income of the deceased towards his personal expenses.
4. The second ground urged in the appeal is that the vehicle was plying without a valid permit and in that eventuality, appellant is not liable to pay any compensation amount as directed by the ld. Tribunal.
5. So far as the issue of deduction towards personal expenses is concerned, it is established f