SURINDER KAUR CHHABRA Vs. KUSUM

JUDGEMENT

(1.) The Appeal is for enhancement of compensation of Rs. 11,10,000/- awarded by the Motor Accident Claims Tribunal (the Claims Tribunal) in favour of the Appellants for the death of Ajit Singh Chhabra who died in a motor vehicle accident which occurred on 14.6.1997. In the Claim Petition filed by the Appellants, it was claimed that the deceased was a government contractor, promoter and dealer of real estate. He had an income of about Rs. 4,50,000/-. Thus, a compensation of Rs. 30,00,000/- was claimed by the legal representatives of the deceased.

(2.) During inquiry before the Claims Tribunal, the First Appellant filed her affidavit by way of her evidence. Apart from deposing on the factum of negligence on the part of the driver of truck No. MBD-8570, the First Appellant Surinder Kaur Chhabra testified that her husband was working as government contractor, property dealer, promoter and real estate developer. He had an income of Rs. 4,00,000/- per annum. He was assessed to Income Tax. She testified that her husband's Income Tax papers were not available. She deposed that he used to give her Rs. 20,000/- per month for household expenses. Her children, that is, Appellants No. 2 and 3 were studying in Father Agnel School, Gautam Nagar. A sum of Rs. 2,000/- was being paid as the tuition fee for the children. She testified that both the children were getting swimming coaching at the Lodhi Hotel swimming pool. They owned two cars, a Maruti Omni and a Premier NE. She went on to add that her husband was a partner in M/s. Chhabra Constructions. Subsequently, he worked for and on behalf of R.S. Avtar Singh and Co., Engineers and Contractors and carried out various projects. She deposed that the deceased was having a bank account with New Bank of India in the name of Sunder Construction Co.. Some receipts regarding deposit of certain amount (which relate to the year 1990-92, that is, much after the accident) were placed on record as Mark 'B'. The First Appellant testified that they were residing in a rented house in Defence Colony and paying a rent of Rs. 10,000/- per month.

(3.) On appreciation of evidence, the Claims Tribunal found that the accident was caused on account of the rash and negligent driving of offending truck No. MBD-8570 by its driver Respondent No. 2.