JASMINDER KAUR Vs. NATIONAL INSURANCE COMPANY LTD

JUDGEMENT

(1.) BY way of this appeal, the appellants seek enhancement of the amount of compensation awarded to them by the Motor Accident Claims Tribunal by its award dated 19.07.2010.

(2.) THE facts relevant for the disposal of the appeal are that on 16.08.2007 at about 2.00 p.m., Shri Avtar Singh (hereinafter referred to as the deceased) was going on his motorcycle. When he reached near Basant Range Colony, NH-8, Main Road, opposite APS colony, Delhi Cantt, New Delhi, a tanker bearing No.DL-1GB-7580 hit his motorcycle resulting in his death. The said tanker (hereinafter referred to as the offending vehicle) was driven by the respondent No.3, owned by the respondent No.2 and insured with the respondent No.1.

(3.) THE sole contention of Mr. Kundan Kumar Lal, the learned counsel for the appellants in the present appeal is that the Motor Accident Claims Tribunal while computing the total amount of compensation payable to the appellants grossly erred in not considering the future prospects of increase in the income of the deceased. The learned counsel contended that the deceased was a person of great potential with exceptional marketing skills, and as such, with the passage of time the income of the deceased would have definitely increased. The past increase in the income of the deceased, the counsel contended, was apparent from his income-tax returns for the assessment years 2003-04 (Ex. PW-1/6), 2004-05 (Ex. PW-1/5), 2005-06 (Ex. PW-1/4) and 2006-07 (Ex. PW-1/3), which had been placed on record.