LALITA PARASHAR Vs. RANJEET SINGH NEGI

JUDGEMENT

(1.) The Appeal is for enhancement of compensation of Rs. 4,60,920/- awarded in favour of the Appellants for the death of Ms. Neeraja Parashar who died in a motor vehicle accident which occurred on 01.08.2008. On appreciation of evidence, Motor Accident Claims Tribunal (the Claims Tribunal) found that the accident was caused on account of rash and negligent driving of a DTC bus No.DL-1PB-7657 which struck against the two wheeler, on which the deceased was travelling as a pillion rider.

(2.) The finding on negligence has not been challenged by the driver, owner or the Insurance Company and thus, the same has become final between the parties.

(3.) On quantum of compensation, the Appellants proved a Salary Certificate Ex.PW-3/3 to show that the deceased was getting an annual salary of Rs. 3,31,126/-. The Claims Tribunal, however, did not take into consideration the amount paid by the deceased's employer towards the medical, LTA basket, Provident Fund and medi-claim premium. The Claims Tribunal thus took the deceased's income to be Rs. 11,539/- only i.e. the basic salary and HRA to award the loss of dependency.