RAJESHWAR SARAN Vs. MUNNA KHAN

JUDGEMENT

(1.) The appellants have challenged the award of the learned Tribunal whereby compensation of Rs. 7,85,000/- has been awarded in respect of the death of Nishit Saran and Rs. 10,46,000/- has been awarded in respect of the death of Shivali Malhotra. The appellants seek enhancement of the award amount.

(2.) The accident dated 24th April, 2002 resulted in the death of five persons travelling in car bearing No. DL-6CD-9031 which was hit by truck bearing No. HR-38F-1622. Three claim petitions were filed before the Claims Tribunal relating to the death of Nishit Saran, Shivali Malhotra and Ashish Puri in respect of which a common award was passed by the Claims Tribunal. Two appeals have been filed in respect of the claims relating to the death of Nishit Saran and Shivali Malhotra.

(3.) This appeal relates to the death of Nishit Saran who was survived by his parents. The deceased was aged 26 years at the time of the accident. Appellant No. 1 is the mother of the deceased who appeared in the witness box before the Claims Tribunal as PW-8 and deposed with respect to the qualifications, occupation and income of the deceased which is as under:-