NIRMALA KUMAR Vs. HOSHIAR SINGH

JUDGEMENT

(1.) The present appeal arises out of the award dated 29.7.94 of the Motor Accident Claims Tribunal whereby the Tribunal awarded a sum of Rs. 4,32,000/- along with interest @ 12% per annum to the claimants.

(2.) The brief conspectus of the facts is as follows:

(3.) Sh. O.P. Goyal, counsel for the appellants has assailed the said award on four grounds. Counsel for the appellants contended that the tribunal has erred in assessing the income of the deceased at Rs. 2250/- 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. 5720/- per month. The counsel further maintained that the tribunal erred in making the deduction to the tune of 1/3rd of the income of the deceased towards personal expenses when the deceased was supporting a large family at the time of accident and is survived by his wife, two daughters mother and father. 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 32 yrs of age only and would have lived for another 48 yrs, had he not met with the accident. The counsel also stated that had the deceased not met with his untimely death he would have expanded his business and would have been earning much more in the near future.