SAHI RAM Vs. RAM BABU

JUDGEMENT

(1.) BY way of the present appeal, the appellants seek to challenge the impugned award whereby the Tribunal has awarded a lump sum compensation of rs. 1,60,000/- mainly on the ground that the tribunal has not correctly assessed the income of the deceased and has not even taken the help of appropriate multiplier to award compensation. The Tribunal has also not awarded any amount separately towards loss of love and affection and funeral expenses and has awarded compensation of Rs. 1,60,000/- without any rationale and basis, contends the counsel for the appellant.

(2.) THE brief summary of the facts to deal with the contentions of the parties are as under:-On 27. 11. 99 at about 7. 50 p. m. the deceased Sh. Bansi Lal was waiting for the bus at Delhi Gate bus stop at Bahadur Shah Zafar Marg, opposite lnjp Hospital and a blue line bus bearing registration No. DL 1p 2765, plying on route No. 405 came from the side of ITO which was driven by respondent No. 1 in a rash and negligent manner. The bus hit Sh. Bansi Lal who received fatal injuries. He was taken to LNJP Hospital from the accident spot, where he was declared as 'brought dead'.

(3.) MR. Multan Singh, counsel appearing for the appellant contends that the deceased was 24 years of age and was non-matriculate at the relevant time of accident. Counsel contends that complete injustice has been meted out to the appellans by the Tribunal in not properly assessing the compensation amount. The grant of lump sum compensation of Rs. 1,60,000/- is without any basis and the Tribunal has ignored the basic principles for the award of compensation under different heads. Counsel for the appellant further contends that although it was proved on record that the deceased was earning a sum of rs. 150-200 per day from his job of fruit selling but still the Tribunal has ignored the said income for the purpose of assessing the compensation. Even in the absence of any documentary evidence or other supporting evidence, the tribunal could have taken recourse to the Minimum Wages Act for the purposes of assessing correct income of the deceased. No future prospects has also been taken into account to assess the loss of income towards financial dependents and, therefore, as per counsel for the appellant, there is no rationale for awarding such a meagre amount of compensation in favour of the appellants by the tribunal. No amount towards funeral expenses and no amount towards loss of love and affection has been awarded in favour of the appellants.