VEER BALA Vs. PIARA SINGH

JUDGEMENT

(1.) The appellants had filed a claim before the Motor Accident Claims Tribunal for the death of Mr.Anand Swarup Goel, husband of appellant no.1 and father of other appellants, alleged to have been caused by the rash and negligent driving of the offending bus at the relevant time by its driver-respondent no.3. The claim petition was filed not only against respondent no.3, the Rajasthan State Road Transport Corporation but also against the Delhi Transport Corporation on the allegations that the bus was being plied at the instance of D.T.C. The driver of the bus was also made a party to the claim petition. The Motor Accident Claims Tribunal after the pleadings were completed framed the following issues:-

(2.) After recording evidence and hearing the parties the Tribunal held that the accident was caused due to the rash and negligent driving of bus by its driver and the appellants being the legal heirs of the deceased were entitled to compensation. After holding that the deceased at the time of his death was 41 years of age and was having an income of Rs.750.00 per month, the Tribunal calculated the compensation at Rs.90,000.00 and after deducting 15% for lump sum payment awarded Rs.76,500.00 in favour of the appellants. Aggrieved by this award, the present appeal is filed for enhancement of the compensation.

(3.) The only point urged by the parties in the present appeal is whether the Tribunal has rightly assessed the income of the deceased. The contention of Mr.Goel, learned counsel appearing on behalf of the appellant is that since the deceased was paying a sum of Rs.1500.00 per month as household expenses to his wife, the Tribunal has erred in assessing his income at Rs.750.00 per month. It is submitted that the deceased at the time of his death was earning a minimum sum of Rs.2000.00 per month and he, therefore, submits that the compensation should have been assessed on this income of Rs.2000.00 per month after taking into consideration the future prospects of the deceased.