SHIPRA CHATTERJEE Vs. JAI PAL SINGH

JUDGEMENT

(1.) The instant appeal has been filed by the claimants for enhancing the impugned award dated 19.12.2009, whereby ld. Tribunal granted compensation for an amount of Rs.4,66,630/- with interest @ 8% per annum from the date of filing of the petition till its realization.

(2.) It is noted that while computing the compensation amount noted above, inadvertently, the learned Tribunal has awarded Rs.4,66,630/- instead of Rs.4,66,300/-.

(3.) Ld. Counsel appearing on behalf of the appellants submitted that undisputedly the deceased met with an accident on 01.03.1997 and remained in COMA till his death, i.e., 18.12.1997. He died at the age of 37 years; left behind wife, minor daughter and old parents. The claimants could not get documents of the current income of the deceased as they could not talk to the deceased. Therefore, they had filed Income Tax Returns of the deceased for the assessment year 1993-94 and 1994-95. Ex.PW1/17, i.e., the balance sheet dated 10.08.1994 of the year 1994, shows gross income of the deceased as Rs.70,200/-. However, net income of the deceased was Rs.31,000/- and Rs.32,968/- respectively and the same are Ex.PW1/13 to 19.