VIDHYA DEVI Vs. ANIL KUMAR

JUDGEMENT

(1.) THE present appeal arises out of the award dated 3/9/2004 of the Motor accident Claims Tribunal whereby the Tribunal awarded a sum of Rs. 4,77,000/-along with interest @ 6% per annum to the claimants. The brief conspectus of the facts is as follows: on the intervening night of 15-16/5/2002 at about 12:15 am, the deceased sh. Naginder Singh was standing near his bus bearing registration no. DL 1pb 0221 which was parked in queue for filing CNG gas and was waiting for his turn when in the meantime a bus bearing registration no. DL 1pb 1576 being driven at a high speed and in a rash and negligent manner came from the direction of gurudwara Majnu ka Tila and hit Sh. Naginder. Due to forceful impact, Sh. Naginder he fell down and sustained grievous injuries and succumbed to his injuries later.

(2.) A claim petition was filed on 12/8/2002 and an award was made on 3/9/2004 aggrieved with the said award enhancement is claimed by way of the present appeal. Sh. S. N. Parashar counsel for the appellants assailed the said award on the quantum of compensation. Counsel for the appellants contended that the tribunal has erred in assessing the income of the deceased at Rs. 3,500/- per month whereas after looking to the facts and circumstances of the case the tribunal should have assessed the income of the deceased at Rs. 4,000/- per month. The counsel further maintained that the tribunal erred in making the deduction to the tune of 1/3 of the income of the deceased towards personal expenses although the deceased was supporting a large family at the time of the accident being survived by his mother, wife and four children. The counsel submitted that the tribunal erroneously applied the multiplier of 11 while computing compensation when according to the facts and circumstances of the case multiplier of 15 should have been applied. It was urged by the counsel that the tribunal erred in not considering future prospects while computing compensation as it failed to appreciate that the deceased would have earned much more in near future as he was of 45 yrs of age only and would have lived for another 20-25yrs had he not met with the accident. It was also alleged that the tribunal failed in appreciating the fact that even the minimum wages are revised twice in a year and hence, the deceased would have earned much more in his life span. The counsel also raised the contention that the rate of interest allowed by the tribunal is on the lower side and the tribunal should have allowed simple interest @ 15% per annum in place of 6% per annum. The counsel contended that the tribunal has erred in not awarding compensation towards loss of love and affection, loss of estate, mental pain and sufferings and the loss of services, which were being rendered by the deceased to the appellants and a very meagre amount has been awarded towards funeral expenses and loss of consortium. The counsel in support of his submissions relied on the judgment of this court in smt. Kunwar Devi and Ors. Vs. M/s. Bansal Roadways Pvt. Ltd. and Ors. in MAC APP no. 1070-75/2006 decided on 24/1/2008.

(3.) NOBODY has been appearing for the respondents. I have heard learned counsel for the appellants and perused the record. The appellants claimants claimed that the deceased was 42 years of age and was commercial driver earning Rs. 4,000/-pm. The appellant Sh. Gyanesh deposed as pw2 and he brought on record a copy of the badge and driving licence of his deceased father as Ex. PW1/r3/1. It has also come on record that the deceased was 12th class fail but his mark sheet stated to be available but was not brought on record by PW2. In the absence of any cogent evidence regarding the income of the deceased, the tribunal assessed the same at Rs. 3,500/- per month. It is no more res integra that mere bald assertion regarding the income of the deceased can be of no help to the claimants in the absence of any reliable evidence being brought and proved on record. The thumb rule is that in the absence of clear and cogent evidence pertaining to income of the deceased learned Tribunal can determine income of the deceased on the basis of the minimum wages notified under the Minimum Wages Act.