SEEMA DEVI BATRA Vs. RAJPAL

JUDGEMENT

(1.) In an unfortunate accident, one Ram Dass, aged 24 years, died on 1.6.1986. Ram Dass, deceased was coming on his two-wheeler scooter No. DEH 4436 when he was hit by a Matador No. DEG 8725 driven by respondent No. 1 Rajpal. The said Matador was owned by Ram Kumar, respondent No. 2 and it was insured with New India Assurance Co. Ltd.

(2.) The grievance of the appellant is that firstly, income had been under-assessed at Rs. 1,500 per month. Secondly, the deduction had been made at the rate of 1/3rd, ignoring the size and members of the family of the deceased. Thirdly, the multiplier of only 14 years has been applied.

(3.) As regards the income, no documentary evidence has been led. However, Seema Devi stated that the deceased was drawing Rs. 2,500 per month as a partner in Narain General Store. It was also claimed that the deceased had started immediately before his death a new unit by the name of Batra Plastics and was drawing a sum of Rs. 2,500 p.m. from the said firm. In addition, he was also earning about Rs. 800 p.m. as commission being a commission agent in a chit fund company. But this is coming only from the mouth of the claimant, without producing any document excepting Exh. PW 4/A partnership deed of the firm Narain General Store, Azad Market, between deceased and his father. In addition to this aspect, Seema Devi improved on the allegations made in the petition by alleging that the deceased was earning Rs. 800 p.m. as commission agent in a chit fund company. Obviously, it is an after-thought. Consequently, the learned trial court was justified in arriving at the conclusion that the deceased was having an income of Rs. 1,500 p.m. at the time of his death in 1986.