NISHANT GOYAL Vs. RAM DULARI AND ORS.

JUDGEMENT

(1.) The appellant has impugned the compensation awarded on 09.08.2011 to the mother and minor children of the deceased/accident victim. The appellant contends that the vehicle, being a Maruti Van bearing Registration No. DL2CJ6269, was not involved in the accident, no evidence was led to prove that the said vehicle was involved in the accident and that the Mechanical Inspection Report of the vehicle was not prepared at the time of the accident. It is argued that Smt. Ram Dulari/respondent No.1, mother of deceased Maharaj Singh deposed that she did not have documentary proof apropos her deceased son's income at the time of the accident, The learned counsel for the appellant refers to her cross-examination recorded on 01.11.2010, which reads as under:-

(2.) He also refers to her conflicting pleadings in her affidavit in evidence which reads as under:-

(3.) He contends that this deposition demolishes the very evidence on which the entire case is based i.e. the particulars of the vehicle involved in the accident and the averment that the deceased was earning an amount of Rs. 20,000/- per month were never established. He argues that it has also been proven that the injuries sustained by the victim Maharaj Singh because of the accident, resulted in his death.