SUJATA TEKWANI Vs. ORIENTAL INSURANCE CO. LTD

JUDGEMENT

(1.) THE Appellants who are legal representatives of deceased Anil Kumar Tekwani seek enhancement of compensation of Rs.10,41,000/- awarded by the Motor Accident Claims Tribunal(the Claims Tribunal) in favour of the Appellants for the death of deceased Anil Kumar Tekwani, who died in a motor vehicle accident, which occurred on 03.05.2003.

(2.) ON appreciation of evidence, the Claims Tribunal found that the accident was caused on account of rash and negligent driving of tanker No.HR-38- 0870 by the Respondent No.3 who dashed against a santro car driven by the deceased. It was claimed that the deceased Anil Kumar Tekwani was a self employed person and had an income of Rs.35,000/- per month. In the absence of any cogent evidence with regard to the deceased's income and filing of any Income Tax Return, the Claims Tribunal assessed the deceased's income to be Rs.50,000/- per month, added 50% towards future prospects to compute the loss of dependency as Rs.9,86,000/-. On adding a sum of Rs.55,000/- towards non-pecuniary damages, an overall compensation of Rs.10,41,000/- was awarded in favour of the Appellants.

(3.) IT is urged by the learned counsel for the Appellants that the Appellants examined Sujata Tekwani, the First Appellant as PW1 who deposed about the deceased's status and his self employment as an agent for export of garments. The Appellants proved that the deceased was paying rent of B-246, Lok Vihar, Pitampura @ Rs.4,200/- per month. His only son was studying in Goodley Nursery School and the deceased was paying tuition fees @ Rs.900/- per month. The Claims Tribunal disbelieved the documents Exs.PW1/2 and PW1/3 on the ground that he (the deceased) was appointed agent on 28.03.2003. In fact, he was appointed agent on 28.03.2002. The Claims Tribunal, therefore, should have relied on these documents to hold that he received a payment of Rs.2,95,790/- from D.R. Polymers Pvt. Ltd. apart from the income of Rs.1,28,345/- from M/s A.K. Sales. The Claims Tribunal dealt with the issue of quantum of compensation as under: