VIDYA WATI Vs. VIRENDER KUMAR

JUDGEMENT

(1.) THE Appeal is for enhancement of compensation of Rs.4,92,400/- awarded by the Motor Accident Claims Tribunal(the Claims Tribunal) for the death of Shiv Prasad who died in a motor vehicle accident which occurred on 23.09.2004.

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

(3.) SMT . Vidya Wati testified that her father was earlier employed with Mod Attire Pvt. Ltd. She proved copy of the salary slip Ex.PW1/1. She testified that her father got employed with M/s. Prem Kumar & Co. He was getting a salary of Rs.5,500/- at the time of his death in addition to overtime @ Rs.2,000/- per month. In cross- examination, PW1 testified that she had no other documentary evidence with regard to her father's income. No suggestion was given to her that the deceased Shiv Prasad was not working under Mod Attire Pvt. Ltd. before joining M/s. Prem Kumar & Co. PW5 Prem Kumar deposed that the deceased was carrying out the work of hand embroidery in his company M/s. Prem Kumar & Co. He was being paid a salary of Rs.5,500/- per month. In cross- examination, he stated that he did not have any documentary evidence to show that he was paying the deceased Rs.5,500/- per month.