LAWS(DLH)-2012-2-80

EKTA Vs. D T C

Decided On February 03, 2012
EKTA Appellant
V/S
D.T.C. Respondents

JUDGEMENT

(1.) This Appeal is for enhancement of compensation of Rs.3,23,560/- awarded for the death of Sunil Sharma, who was aged about 28 years at the time of the accident, which took place on 11.06.1995.

(2.) During inquiry before the Motor Accident Claims Tribunal (the Claims Tribunal) it was claimed that the deceased was in the Transport business in the name and style of M/s. Rohit Transport Company. He owned a tanker and was earning Rs. 6,000/- per month. The deceased's widow re-married before filing of the petition.

(3.) The Claims Tribunal, in the absence of any connection between M/s. Rohit Transport Company and the deceased declined to accept that the deceased was in transport business. It, therefore, took the minimum wages of a skilled worker and computed the loss of dependency.