MAMTA AND ORS. Vs. MUNDRUDDIN AND ORS.

JUDGEMENT

(1.) THE present appeal is filed by the appellants for seeking enhancement of compensation by the appellants.

(2.) THE brief facts are that on 29.01.2009 deceased Shri Dalbir Singh, was returning from Khatu Shyamji Mandir in a Maruti Wagon -R with his friends. The deceased was sitting on the front left seat alongside the driver. When they reached near Atlas cut on NH -8 (Jaliyawas) , Kasola, Rewari, Haryana, the car was hit by the offending truck said to be driven in a rash and negligent manner at a high speed. Due to the forceful impact, Shri Dalbir Singh died and other occupants of the car were injured. Based on the evidence on record, the Tribunal awarded a total compensation of Rs. 6,70,720/ - to the dependants of the deceased Shri Dalbir Singh, details of which are as follows:

(3.) LEARNED counsel for the appellant seeks enhancement of the compensation awarded. He submits that the Tribunal has wrongly discarded the copies of income tax return placed on record by the appellants. It is urged that the appellant was carrying on business in the name and style of M/s. D.B.S. Trading Company and was filing his income tax returns vide Ex. PW1/5, PW1/6 and PW1/6A. Despite these income tax returns on record, the Tribunal has ignored the returns on the ground that no officer from the Income Tax Department was summoned and that no cogent or reliable proof has been filed to show that the M/s. D.B.S. Trading Company was being run by the deceased. The Tribunal hence is said to have erroneously assessed the income of the deceased based on the minimum wages of a matriculate.