DELHI TRANSPORT CORPORATION Vs. SEEMA

JUDGEMENT

(1.) THE Appellant Delhi Transport Corporation (DTC) seeks reduction of compensation of Rs.8,45,600/- awarded by the Motor Accident Claims Tribunal (the Claims Tribunal) for the death of Surender Singh, who died in a motor vehicle accident which occurred on 10.12.1997.

(2.) DURING inquiry before the Claims Tribunal it was claimed that on 10.12.1997 at about 6:15 P.M. the deceased Surender Singh was crossing the road near Public Health Centre, Najafgarh, when he was ran over by bus No.DEP-9701 which was being driven by its driver Balwan Singh (not impleaded in this Appeal) in a rash and negligent manner. It was claimed that the deceased was working as a driver on a blue line bus owned by one Neki Ram. The deceased was getting a salary of Rs.7500/- per month in addition to Rs.50/- per day as daily allowance.

(3.) DURING the course of hearing, a very short submission is raised on behalf of the Appellant DTC. It is urged that the income of Rs.7500/- accepted by the Claims Tribunal was excessive. The Minimum Wages of an unskilled worker in the year 1997 were just Rs.2208/- per month. Any income beyond Rs.40,000/- was subject to payment of income tax. No cogent evidence was produced to prove the deceased's income to be Rs.7500/- per month. The Claims Tribunal erred in believing the deceased's income to be Rs.7500/- per month.