KAILASH CHAWLA Vs. SHRI INDER SINGH

JUDGEMENT

(1.) BY way of the present appeal the appellants seek to challenge the impugned award dated 30.7.2007 so as to claim enhancement in the compensation amount over and above the amount of Rs. 5,01,640/ - awarded by the Tribunal.

(2.) BRIEF summary of the facts are that on 27.4.2006, the deceased Shri Amar Nath Chawla was travelling in a bus bearing registration No. DL -1PB -2022 and while he was getting down from the said bus, the driver of the bus rashly and negligently drove away the bus, due to which Shri Amar Nath Chawla fell down and was crushed under the rear wheel.

(3.) PER contra, Ms. Hetu Arora, counsel for the respondent submits that the award passed by the Tribunal is absolutely just and fair. Counsel further contends that the Tribunal has rightly not taken into consideration the instalment of Rs. 5,000/ - which was being paid by the deceased towards his provident fund loan. Counsel for the respondent further contends that no material was placed by the appellant before the Tribunal to show the exact nature of instalment and till what period it was required to be paid by the deceased. Counsel for the respondent further justifies the deduction of 1/3rd income of the deceased towards his personal expenses as made by the Tribunal.