DHARAM PAL DILAWARI Vs. IQBAL SINGH

JUDGEMENT

(1.) This order shall dispose of the aforementioned appeals as these have emerged out of common award dated 14.02.1996 passed by the Motor Accident Claims Tribunal (in short, 'the Tribunal') whereby the appellants have been awarded compensation in regard to injuries sustained by them in a motor vehicular accident due to rash and negligent driving of the offending vehicle, Gypsy bearing No. PB-08-F-2260, driven by Iqbal Singh respondent No. 1. Learned Tribunal awarded compensation of Rs. 1,00,000/- to appellant Dharam Pal Dilawari under the following heads:

(2.) Counsel for the appellants contends that the learned Tribunal has not awarded any compensation to both the injured victim in regard to disability suffered by them due to sustaining of injuries in the occurrence and disability certificate Ex. PW 9/A of Promila Dilawari and Ex. PW 9/B in respect of Dharam Pal Dilawari were proved on record by Lekh Raj (PW 9), an official from the office of Civil Surgeon, Amritsar. It is argued with vehemence that as the original certificates were issued by the Civil Surgeon, Amritsar, the same being public document can be taken into consideration without examining the doctor, who had issued the certificates. For this purpose, he has referred to judgments of Hon'ble the Supreme Court of India in M.M. Rajappa v. Mal Haha Uru Bajappa,1983 AIR(SC) 1633 and Paranand Katara v. Union of India and others,1990 2 RCR(Cri) 75.

(3.) The Tribunal has awarded less compensation in regard to loss of income of Dharam Pal Dilawari in view of his income reflected in two income tax returns Exs. P2 and P3 for the year 1992-93 and 1993-94. It is further submitted that as per income tax return for the year 1992-93 relating to income of the victim prior to the accident on 08.04.1993, he was earning more than Rs. 50,000/- per month from the business of exporting of shawls to various countries. No compensation has been awarded in favour of Promila Dilawari in regard to loss of income despite the fact that her income tax return in regard to her being a partner in a business concern was proved on record. Another submission made by counsel is that an amount of Rs. 20,000/- awarded by the Tribunal in regard to pain and suffering in each case is liable to be enhanced. The appellants are also entitled to get compensation in regard to expenses on special diet and services of an attendant etc.