KANWALJIT KAUR Vs. PRADEEP KUMAR

JUDGEMENT

(1.) . ADMIT.

(2.) The appellant has filed this appeal for enhancement of compensation for the death of one Mr.Inderjit Singh husband of appellant no.1 and father of appellants 2 and 3 in a road accident caused by the rash and negligent driving of the offending vehicle by its driver. The grounds urged in this appeal are (i) that despite there being sufficient evidence before the Tribunal to hold that the income of the deceased at the relevant time was Rs.6000 to 7000.00 per month, the Tribunal has taken the income of the deceased at Rs.1000.00 and (ii) the amount being spent by the deceased upon himself has been taken to be 1/3rd of his income, though, in view of the judgment of the Supreme Court in U.P. State Road Transport Corporation Versus Trilok Chandra 1996 ACJ 831 it should have been taken as 1/4th of the income of the deceased.

(3.) The witnesses who had appeared on behalf of the appellant before the Tribunal though had stated that the deceased was having three machines in his workshop and was employing six to seven persons but no one has stated as to what was the income of the deceased. The wife of the deceased, namely, appellant no.1 has appeared as a witness before the Tribunal and had stated that she was receiving Rs.100.00 per day from the deceased for meeting the household expenses. The Tribunal was of the view that in such matters, the income is sometimes exaggerated by the claimants to claim higher compensation and except the oral evidence of the witnesses, nothing has been produced on record to prove the income of the deceased and his income, therefore, could not be taken to be more than Rs.1000.00 per month. Applying the principles laid down in General Manager Kerala State Road Transport Corporation Vs. Susamma Thomas and others 1994 ACJ 1, the average income of the deceased was taken at Rs.2000.00 per month and deducting 1/3rd from the same towards his personal expenses, the loss of dependency was assessed at Rs.1300.00 per month.