DALJIT KAUR Vs. AZAD SINGH

JUDGEMENT

(1.) THIS appeal preferred under Section 173 of the Motor Vehicles Act, 1988 seeks to assail the award dated 16.10.2002 passed by the Motor Accident Claims Tribunal, Delhi, whereby a sum of ` 2,60,000/- was awarded to the appellants by way of compensation for the untimely demise of one Shri Surinder Singh, who met with a road accident on 10.12.1999, in which he sustained grievous injuries to which he succumbed on the same day.

(2.) THE sole contention of Mr. O.P.Mannie, the learned counsel for the appellants, is that the manner of computation of the award amount adopted by the learned Tribunal is not in accordance with the legal principles laid down and affirmed by the Hon'ble Supreme Court from time to time. Mr. Mannie contends that the learned Tribunal erred in rejecting the salary certificate of the deceased on the sole ground that the proprietor himself did not appear in the witness box to prove the same and instead sent the Manager of the firm to depose with regard to the salary of the deceased. It is also contended by Mr. Mannie that the learned Tribunal, while taking the minimum wage rate for a semi-skilled workman for the purpose of assessment of the income of the deceased, erroneously did not take into account the future increase in his income, which was inevitable keeping in view the fact that the deceased was only about 40 years of age at the time of his demise.

(3.) MS. Manjusha Wadhwa, the learned counsel for the respondent No.3/Insurance Company, on the other hand, seeks to support the award by contending that the amount of compensation awarded by the learned Tribunal is just and fair, keeping in view all the facts and circumstances of the case.