ASHISH JAIN Vs. BALRAM ALIAS BALIRAM

JUDGEMENT

(1.) THE Appeal is for enhancement of compensation of Rs.4,99,200/- awarded for the death of Jainendra Kumar Jain who died in a motor vehicle accident which occurred on 17.10.1996.

(2.) ON appreciation of evidence, the Claims Tribunal found that the accident was caused because of rash and negligent driving of the truck No.HR-38A-8285 by the First Respondent. It was claimed that the deceased was carrying out the business of sale of clothes in the name and style of M/s. Prem Textiles. He was earning Rs.10,000/- to Rs.15,000/- per month. The Claims Tribunal accepted the deceased's income to be Rs.4,800/- per month and after deducting one-third of the income towards personal and living expenses granted a compensation of Rs.4,99,200/- towards the loss of dependency.

(3.) IT is admitted case of the Appellants that although the deceased's income was claimed to be Rs.10,000/- to Rs.15,000/- per month but the deceased was not paying any income tax. The accident took place on 17.10.1996. In the Assessment Year 1996-97 any income beyond Rs.40,000/- per annum was subject to payment of income tax.