MANJU DEVI Vs. SRI GAUTAM

JUDGEMENT

(1.) By way of this appeal under Section 173 of the Motor Vehicles Act, 1988, the Appellants seek enhancement of the compensation amount awarded to them by the Motor Accident Claims Tribunal by Award dated 4th July, 2009.

(2.) The facts leading to the filing of the present appeal are that on 18th October, 2006, at about 10.05 p.m., Sh. Naresh Kumar (hereinafter referred to as 'the deceased') was going to his house on his motor cycle bearing registration No. DL 6 SU 1466. When he reached in front of Blue Bells School, Lajpat Nagar-IV, a bus bearing No. DL 1PB 5025 collided into the motorcycle of the deceased with great force, resulting in the deceased sustaining fatal injuries.

(3.) On a claim petition filed by the Appellants herein, the learned Tribunal held that the Respondent No. 1 was guilty of rash and negligent driving of the offending bus at the time of the accident and proceeded to compute the compensation payable to the Appellants by the Respondent No. 3-Insurance Company, with whom the offending bus was insured. According to the Appellants (claimants before the Tribunal), the deceased was working as a Pedicurist at Madonna Beauty Parlour Pvt. Ltd. and was earning 7000/- per month as salary. The salary certificate of the deceased was proved on record by the Appellants through PW-2 Rahul Kumar, a Director in the company Madonna Beauty Parlour Pvt. Ltd. as Ex.PW2/2. The said witness also proved on record the pay slip of the deceased as Ex.PW2/3.