ORIENTAL INSURANCE CO. LTD. Vs. SUNITA AND ORS.

JUDGEMENT

(1.) BY the present appeal, the appellant seeks to impugn the Award dated 10.04.2012.

(2.) THE brief facts which led to the filing of the claim petition are that on 14.01.2007 the deceased Shri Suresh Kumar along with his wife and son respondents No. 1 and respondent No. 3 respectively were travelling on a motorcycle. They had gone to Village Katlupur, Nahri. They were returning from Suresh Kumar's sister's place after giving gift of Sakrant at Lampur village near the bus stand. They were hit by a truck driven by respondent No. 4 in a high speed, rashly and negligently. All the riders fell down. Unfortunately, the deceased fell in front of the wheel of the truck and the truck dragged him for 15 -20 feet. The deceased died on the spot.

(3.) LEARNED counsel appearing for the appellant has impugned the compensation awarded by submitting that the Tribunal has wrongly assessed the income of the deceased at Rs. 18,000/ - per month. He points out that the Tribunal has accepted the contention of the claimants that the deceased was purchasing about 150 ltrs. of milk everyday and selling it and earning Rs. 3.50 to Rs. 4 per ltr. He submits that there is no proof of the same. The deceased was not paying income tax. He has not placed any bank statement on record. The evidence submitted is very cursory and cannot be relied upon by the Tribunal.