SH KRISHAN LAL POPLI Vs. MONA VIRK

JUDGEMENT

(1.) BY way of the present appeal, the appellant seeks enhancement in the compensation amount over and above the amount awarded by the Tribunal vide order dated 22. 11. 2005.

(2.) MR. K. C. Mannie, counsel appearing for the appellant has raised five contentions for claiming enhancement in the compensation. The first contention raised by him is that the Tribunal has wrongly deducted 50% towards personal expenses of the deceased. The contention of the appellant is that it could not have exceeded 1/3rd of the personal expenses. In support of his argument, counsel for the appellant has relied upon a judgment of the Apex Court reported in Fakeerappa and Anr. Vs. Karnataka Cement Pipe Factory And Ors I (2004) ACC 494 (SC ).

(3.) THE second contention raised by the appellants is that the Tribunal has not correctly taken into account the income of the deceased which was proved on record. The contention of the counsel for the appellants is that the earnings of the deceased was at Rs. 8,500/- per month besides conveyance allowance of Rs. 1,000/ -. The contention of learned counsel for the appellants is that although the case was filed against the said owner, but still he has supported the fact regarding income of deceased as asserted by the appellants in the claim petition. In respect of his arguments, counsel for appellants has relied upon a judgment reported in National Insurance Company Ltd vs. Indira Srivastava and ors 2008 (1) RCR (Civil) 359.