2025 (2) TMI 1193

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....Time taken for disposal of the appeal in this Court 1 year 6 years 9 months 4 months Leave granted. 2. This appeal is directed against the judgment and order dated 27th April, 2023 in FAO No.995/2017 passed by the High Court of Punjab & Haryana at Chandigarh, which in turn was preferred against the judgment and order dated 9th November, 2016 passed in MACT Case No.44 of 28.10.2015 by the Motor Accident Claims Tribunal, Bathinda. 3. The brief facts giving rise to this appeal are that on 13th May, 2015, the deceased, namely, Dev Raj, aged 50 years, was travelling on his scooter bearing registration No.PB 44A-0962, from his house to village Bhodipura. Near the house of one Mohinder Singh Nambardar, the offending bus bearing r....

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....r hand, the Court accepted the contention of the Insurance Company that the major sons and the married daughter of the deceased were not dependent on the deceased for sustenance, and therefore, a deduction of 50% is to be made. The High Court awarded the Appellants an amount of Rs.24,44,183/-. 8. Dissatisfied, the Claimant-Appellants are now before us. The significant point of challenge is that the High Court erred in excluding Appellants herein as dependants of the deceased. 9. We have heard the learned counsel for the Appellants. We are unable to agree with the view taken by the Tribunal on the dependents of the deceased. This Court in National Insurance Company Limited v. Birender & Ors. (2020) 11 SCC 356 , had expounded that major....