BHAGAT SINGH Vs. INDER PAL SINGH

JUDGEMENT

(1.) Leave granted.

(2.) The challenge in the present appeal is to an order of the High Court of Punjab and Haryana dtd. 26/3/2019 whereby an enhanced sum of Rs.6,98,992.00 was awarded to the appellants as compared to Rs.4,15,000.00 awarded by Motor Accident Claims Tribunal.

(3.) The only issue before us is as to whether the amount of compensation awarded is the just compensation in terms of Sec. 166 of the Motor Vehicles Act, 1988. Bhagat Singh, father of the deceased appeared as PW-1. He deposed that the deceased was earning Rs.25,000.00 per month from the business of Heavy JCB Machine Earthmovers and was also a partner along with another son Devender Singh. Devender Singh has also been examined as PW-4. The appellants have produced representative of Axis Bank Ltd. as PW-3 - Vikas Sharma, who proved that the statement of account of the firm M/s. Deep Earth Movers since 1/2/2005 to October 2006. A perusal of the said statement shows that a sum of Rs.47,27,168.00 was deposited and Rs.47,05,939.53 as the withdrawals. On the basis of deposits and withdrawals, it has been argued that the deceased was earning not less than Rs.25,000.00 per month.