2004 (2) TMI 709

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....For The Respondent : Sudhir Kumar Gupta and Anurag Pandey, Advs., P.P. Singh and Debasis Misra, Advs. (NP) JUDGMENT Arijit Pasayat, J. 1. Leave granted. 2. Appellants were the parents of one Yallappa Angadi (hereinafter referred to as 'deceased') who died in a vehicular accident. The appellant No. 1 filed a claim petition under the Motor Vehicles Act, 1988 (in short the 'Ac....

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....d judgment found no merit and dismissed the same. 4. In support of the appeal, learned counsel for the appellants submitted that two points fall for adjudication. Firstly, whether the deduction of half of the monthly income for personal expenditure is justified, and secondly whether the award of 6% interest per annum is justified. 5. Though the respondents have been served notice, only count....

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....personal expenditure cannot be governed by any rigid rule or formula of universal application. It would depend upon circumstances of each case. The deceased undisputedly was a bachelor. Stand of the insurer is that after marriage, the contribution to the parents would have been lesser and, therefore, taking an overall view the Tribunal and the High Court were justified in fixing the deduction. ....

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....before the High Court the plea was not taken. 9. Since there was no question raised about the correctness of the rate of interest before the High Court, we do not find any scope for interference with the rate of interest fixed by the Tribunal in the absence of any challenge to it before the High Court. The appeal is allowed to the extent indicated above, with no order as to costs. 10. Before....