MOHINDER KAUR Vs. SARDAR SINGH

JUDGEMENT

(1.) This appeal is directed against the judgment dated 28th August, 1986 of the Motor Accident Claims Tribunal, Delhi (for short "the Tribunal") in Suit No. 140/1979 involving the death of Harcharan Singh in an accident that took place on 3rd September, 1979. The Tribunal vide its aforesaid order has awarded a sum of Rs. 1,12,000/- to appellant No.1 and Rs.50,000/- to appellant No. 2 together with interest @9% per annum.

(2.) The brief facts of this case, as been noted by the Tribunal, are as under :

(3.) It is contended by counsel for the appellants that the Tribunal has gone wrong in calculating the claim inasmuch as it has not applied the formula as laid down by the Supreme Court in Sarla Dixit and Another Vs. Balwant Yadav and Others [1996 ACJ 581 ]. He has further contended that from the evidence on record it is made out that the deceased was earning a sum of Rs.1275/- per month and was 31 years of age at the time of his death and that there were bright future prospects of his earning substantial amount in future. Since the future prospects have not been taken into consideration, the judgment of the Tribunal is bad.