HASHINABANU Vs. MOHAMMED YUNUS

JUDGEMENT

(1.) THE appellants herein are the claimants in MVC No. 749/2010. They are before this Court seeking enhancement of the compensation as against the sum awarded by the Tribunal. In respect of the death of husband of claimant No. 1 and father of claimants No. 2 to 5, the Tribunal has awarded the total compensation of Rs. 5,44,200/ - of which a sum of Rs. 4,99,200/ - is towards 'loss of dependency'.

(2.) LEARNED counsel for the appellants while seeking enhancement would contend that the Tribunal was not justified in reckoning the monthly income of the deceased only at Rs. 4,000/ -. It is his contention that the deceased apart from owning agricultural lands had also owned a lorry which was being let out on hire and as such, the income from both the sources ought to have been taken into consideration. In that view, it is contended that the compensation is liable to be enhanced.

(3.) IN the light of the rival contentions, we have perused the appeal papers including the judgment passed by the Tribunal. The claim was that the deceased was earning more than Rs. 20,000/ -. In that regard, it was contended that apart from doing agriculture, the goods lorry bearing No. G.A.02/U/8008 stood in the name of the deceased. It is no doubt true that as pointed out by the learned counsel for respondent No. 2 -Insurance Company, claimant No. 1 who was examined as P.W. 1 has admitted that the lorry was sold about a year back. The said admission has been noticed by the Tribunal. Even if that be so, there is no clear cut evidence on record to indicate that the lorry in fact has been sold and as to whether the reference of one year back is to the date prior to the death of the deceased or as on the date on which P.W. 1 had tendered her evidence.