LAWS(DLH)-2015-4-479

SAPNA & ORS Vs. YOGENDER & ORS

Decided On April 15, 2015
Sapna And Ors Appellant
V/S
Yogender And Ors Respondents

JUDGEMENT

(1.) The appeal is for enhancement of compensation of Rs.8,95,000/- awarded by the Motor Accident Claims Tribunal (the Claims Tribunal) in favour of the Appellants for the death of Rajesh who suffered fatal injuries in a motor vehicular accident which occurred on 16.11.2010.

(2.) It is urged by the learned counsel for the Appellants that the Appellants duly proved the deceased's income. It is stated that the Income Tax Returns for the Assessment Year (A.Y.) 2009-10 and 2010-11 were duly proved, but in spite of this, the loss of dependency was awarded on the basis of minimum wages. It is also urged that the compensation awarded towards non-pecuniary damages is on the lower side.

(3.) Per contra, the learned counsel for Respondent no.3 Insurance Company supports the impugned judgment.