DHANWANTI DEVI Vs. OM PRAKASH

JUDGEMENT

(1.) THIS appeal is directed against the judgment and award of the Motor Accident Claims Tribunal dated 18.09.1999, whereby an award in the sum of ` 1,89,400/- with interest at the rate of 12% per annum from the date of the filing of the petition till realisation was passed in favour of the appellants and against the respondents, for the untimely demise of Shri Om Prakash in a motor vehicular accident which took place on 13.01.1989.

(2.) MR. Kundan Kumar Lal, the counsel for the appellants, contends that the computation of compensation payable to the appellants made by the learned Tribunal is not in accordance with the well-settled principles of law. A three fold contention is raised by the counsel for the appellants as follows:

(3.) IN the present case, there is on record the testimony of PW3-P.S.Bisht, an official from the Central Vehicle Depot, Delhi Cantt, where the deceased was employed, to the effect that the deceased joined the C.V.D. Delhi Cantt as ?Packer? (male) on 24.11.1977. The said witness also proved on record the pay certificate of the deceased (Exhibit PW3/1), which is signed by the Assistant Personal Official (Finance) of the concerned department. It is not in dispute that the deceased in the present case was 37 years of age and he, being in a stable job, his average annual income on the date of the accident is assessed to be in the sum of ` 2,100/- per month [` 1,400/- (actual income on the date of the accident) + ` 700/- (anticipated income)], that is to say, ` 25,200/- per annum.