EXECUTIVE ENGINEER Vs. MAHARZIA

JUDGEMENT

(1.) HEARD the learned Counsel for the appellant-owner and Mr. Ram Singh, learned Counsel for the claimants-respondents.

(2.) THIS appeal has been filed under Section 173 of the Motor Vehicles Act by the owner of the offending motor vehicle who was also the employer of the deceased who had met his untimely death in an accident involving the offending motor vehicle-a Road-Roller.

(3.) BELIEVING the deposition of the wife of the deceased, his income was held to be Rs. 1,500/- per month. It may be noticed that the present appellant-the employer without any justifiable reason had withheld the best evidence about the actual income of the deceased and did not produce the relevant muster-roll which could indicate the amount which was paid to the deceased towards his salary, etc. The Tribunal, therefore, could not be held to have committed an error in believing the deposition of the wife of the deceased on the question relating to the income of the deceased.