JASBIR KAUR Vs. YOGINDER

JUDGEMENT

(1.) This appeal is directed against the judgment dated 15th January, 2004, of the Motor Accident Claims Tribunal, New Delhi (for short "the Tribunal") in Suit No. 137/1997, whereby the learned Tribunal has awarded a sum of Rs.3,55,068/- together with interest @9% per annum on account of an accident that took place on 13th August, 1986, in which Amarjeet Singh lost his life.

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

(3.) It is contended by counsel for the appellants that the Tribunal went wrong in assessing the salary of the deceased at Rs.2,500/- as PW-4 in his deposition has clearly stated that the deceased was getting a sum of Rs.2,500/- as salary besides free quarter, motorcycle and other benefits which amount to Rs.1500/-. Counsel further contended that this amount of Rs.1500/- ought to have been taken into consideration by the Tribunal while calculating compensation. He also submitted that only a sum of Rs. 15,000/- has been given on account of funeral expenses, consortium and love and affection and that the same is on the lower side.