SURESH WATI Vs. RAMESH WALIA & ORS

JUDGEMENT

(1.) Naveen Kumar, aged 24 years, a bachelor, died in accident that occurred on the night of 26/27.07.2010 due to negligent driving of truck bearing registration No. HR 38K 6773, by the second respondent, it being a vehicle registered in the name of first respondent and insured against third party risk with the third respondent. His parents (the appellants) (the claimants) instituted accident claim case (MAC Petition no. 817/2010) on 07.04.2010 seeking compensation. The tribunal, by judgment dated 01.10.2011, awarded Rs. 5,31,520/- as compensation with interest @ 7.5 % per annum, fastening the liability on the third respondent (insurer).

(2.) The appeal seeks enhancement of the compensation primarily on the grounds that the contention of deceased earning his livelihood at Rs.400/- per day from a private restaurant (Khushi Restaurant) was wrongly rejected and the multiplier of 14 wrongly applied according to the age of the mother, the awards of Rs. 10,000/- each towards loss of love & affection and loss to estate and Rs. 5,000/- on account of funeral expenses as well as the rate of interest also being inadequate.

(3.) Having heard the learned counsel and having gone through the record, this Court finds reasons set out by the tribunal in not accepting the claim about the income from the restaurant to be correct. Mere reliance on food licence cannot suffice. Some further proof to indicate the turnover of the restaurant or the income generated from such business was necessary. In these circumstances, the tribunal correctly went by the minimum wages payable in State of Uttar Pradesh.