BIMLA RANI Vs. HARBHAJAN SINGH

JUDGEMENT

(1.) THE Appellants seek enhancement of compensation of Rs. 85,000/- awarded by the Motor Accident Claims Tribunal(the Claims Tribunal)for the death of Amar Nath who died in a motor vehicle accident which occurred on 06.06.1995.

(2.) IN the absence of any Appeal by the driver, owner or the insurer, the finding on negligence has attained finality.

(3.) IT is urged by the learned counsel for the Appellants that the compensation awarded is too meagre keeping in view that the deceased was running a shop and his income should have been taken to be at least that of a semi-skilled person. Moreover, there were seven dependents, thus, there should have been deduction of 1/10th of the deceased's income towards personal and living expenses. Reliance is placed on New India Assurance Co. Ltd. v. Gopali & Ors., 2012 (6) SCALE 534.