D.T.C. Vs. SURINDER ARORA

JUDGEMENT

(1.) THE present appeal preferred under Section 173 of The Motor Vehicles Act, 1988, arises out of the award dated 14.7.2003 of the Motor Accident Claims Tribunal, whereby the Tribunal awarded a sum of Rs. Rs. 8,10,000 along with interest @ 9% p.a. to the claimants from the date of filing of the petition till the date of impugned order.

(2.) BEFORE adverting to deal with the contentions of the parties, it would be appropriate to give brief facts of the present case as under:

(3.) PER contra, Mr. Rajeshwar Gupta counsel for the respondents refutes the contentions raised by the counsel for the appellant. Counsel for the respondents contends that the Tribunal has granted the compensation amount after considering the facts and circumstances of the present case and the compensation awarded by the Tribunal is absolutely just, fair and adequate. Counsel for the respondents further contends that the father of the deceased who entered into the witness box as PW -1 had duly proved the factum of the employment of the deceased with the chartered accountant firm and his appointment letter wherein the salary of the deceased was disclosed at Rs. 4,500/ -. Counsel for the respondent further contends that the Tribunal is not bound to strictly go by the amount as claimed in the claim petition as the compensation amount to be awarded by the Tribunal has to be just and fair and Therefore, the same in the given facts of the case can be increased from the claimed amount of the compensation. On the aspect of the future prospects, the contention of the counsel for the respondent is that taking into consideration the educational qualification of the deceased he was entitled to the benefit of the future prospects, and Therefore, no infirmity can be found in the findings of the Tribunal on this aspect.