LAWS(DLH)-2012-2-112

MAYA DEVI Vs. MANJU LAL @ GAJJU

Decided On February 01, 2012
MAYA DEVI Appellant
V/S
MANJU LAL @ GAJJU Respondents

JUDGEMENT

(1.) THE Appeal is for enhancement of compensation of Rs. 3,30,346/- for the death of Promod Kumar who was a bachelor and aged about 23 years at the time of the accident which took place on 07.12.2008.

(2.) THE Motor Accident Claims Tribunal (the Claims Tribunal) by the impugned judgment dated 27.09.2010 took the minimum wages of a Matriculate to compute the loss of dependency and after adding of a sum of Rs. 10,000/- towards non-pecuniary heads and awarded a total compensation of Rs. 3,30,346/-.

(3.) I tend to agree with the submissions made. In view of PW-1's unchallenged testimony and the Certificate Ex.PW-1/1 to Ex.PW-1/5, the income of Rs. 8,000/- per month ought to have been believed by the Claims Tribunal. I, therefore, hold that the deceased's income was established as Rs. 8,000/- per month.