NATIONAL INSURANCE CO. LTD. Vs. SUKRITI DEVI

JUDGEMENT

(1.) THE appellant has assailed the order the learned Tribunal dated 17th February, 2011 whereby the tribunal has awarded a compensation of Rs. 18,34,800/ -.

(2.) THE brief facts are that on 23.09.2009 deceased Manoj Singh was coming on his scooter and when he reached at Punjabi Bagh Flyover, near Railway Line, Punjabi Bagh, one blue line bus bearing registration no. DL 1PB 1685 being driven by its driver respondent no.6 in rash and negligent manner came in a very fast speed and hit against the scooter and as a result the deceased came under the tyre of the offending vehicle and died at the spot. He was 31 years of age with sound health. He was married having two children, wife and parents and was earning Rs.7800/ - per month and was the sole bread earner of the family. After considering all the facts and circumstances of the case, the tribunal has awarded the compensation as under:

(3.) THE only challenge in the appeal is that the tribunal has wrongly calculated the income of the deceased at Rs.7800/ - per month. It is contended that there was no documentary evidence on record to prove the income. The documents produced on record were manipulated and fabricated. The claimants have produced on record the vouchers of payment of salary allegedly singned by the deceased, however, the signature of the deceased on each of the vouchers is different meaning thereby that these vouchers have been manipulated. It was further argued that the statement of account Ex.PW1/1 to Ex.PW1/6 show that the deceased was getting salary of Rs.5300/ - per month till 7th May, 2009 and that all of a sudden the salary was increased to Rs.7800/ - and this clearly creates doubt regarding the genuiness of these vouchers. There is no other document on record besides these vouchers. It is contended that in these circumstances the tribunal ought to have taken Rs.5300/ - per month as the salary of the deceased while calculating the loss of dependency.