KRISHAN KUMAR Vs. BANWARI LAL

JUDGEMENT

(1.) THE Appeal is for enhancement of compensation of Rs.4,21,000/- awarded in favour of the Appellants for the death of Amit Aggarwal, a bachelor who died in a motor vehicle accident which occurred on 21.01.1999.

(2.) THE finding on negligence is not disputed by the Respondents and has thus attained finality between the parties.

(3.) I have perused the salary certificate Ex.PW1/D. The deceased Amit Aggarwal had passed All India Senior School Examination (Class 12th) from CBSE in the Ist Division. He was pursuing B.Com (P) from Delhi University as an external candidate. PW2 Rajesh Tiwari's testimony regarding the deceased's employment with Praveen Oil Company was not challenged in the cross-examination. In the circumstances, the Claims Tribunal erred in disbelieving the salary certificate Ex.PW1/D. Relying on the same, I hold the deceased's income at the time of the accident as Rs.4,000/- per month.