INDRAWATI Vs. RANBIR SINGH

JUDGEMENT

(1.) The appellants have challenged the award of the Claims Tribunal whereby compensation of Rs.2,42,382.16 along with interest @ 9% per annum from 30th October, 2013 has been awarded to appellants. The appellants seek enhancement of the award amount.

(2.) The accident dated 08th October, 2008 resulted in the death of Naveen. The deceased was aged 23 years at the time of the accident and was survived by his parents who claimed compensation. As per the claim petition, the deceased was self employed as a Contractor earning Rs.55,000/- to Rs.60,000/- per month.

(3.) Appellant No.1 is the mother of the deceased who appeared in the witness box as PW-1 and deposed that the deceased was working as a Manager under a Government Contractor and drawing a salary of Rs.30,000/- per month. She further deposed that she was dependent upon the deceased as well as her husband. She proved the Ration Card, Election Card, Matric Certificate as well as the passbook of the savings bank account of the deceased as Ex.PW-1/9 to PW-1/12. PW-2 is the eyewitness and he deposed that the deceased was hit by the offending vehicle (Dumper) bearing No. HR-63A-0270 from behind in front of NDPL Office near Plywood Factory, Karala, Delhi-110081 on 08 th October, 2008 at 04:05 PM and the accident occurred due to the rash and negligent driving of the Dumper. PW-3 deposed that the deceased was working in his construction company as a Supervisor since 16th April, 2004 at a salary of Rs.12,000/- per month besides expenses of petrol, mobile and other miscellaneous expenses. PW-3 produced the certificate, Ex.PW-1/6. He further deposed that he had shown the salary of employees in his Income Tax Return. He produced the Income Tax Return for the assessment year 2009-2010 along with the statement of accounts as Ex.PW-3/1. PW-3 in cross examination deposed that he was paying the salary in cash against vouchers but the vouchers for 2008 were not traceable. He further deposed that he is an Income Tax Assessee since 1998 and he can produce the Income Tax Record for the relevant period.