LAWS(P&H)-2014-12-455

PAYAL BANSAL AND OTHERS Vs. NARESH AND OTHERS

Decided On December 17, 2014
Payal Bansal And Others Appellant
V/S
Naresh And Others Respondents

JUDGEMENT

(1.) The appellants filed the present appeal for enhancement of the compensation which the Tribunal assessed at Rs.5,01,400/- on account of the death of Lalit Mohan Gupta, who died in a road side accident, which happened on 11.10.2007.

(2.) The contention of learned counsel for the appellants was that the income of the deceased was assessed too low and he was held to be earning only Rs.4200/- per month though there was sufficient evidence on record to show that he was earning Rs.35,000/- per month while working with M/s Anand Raj Construction and Development Private Ltd. (for short the firm).

(3.) Learned counsel for the appellants referred to the order dated 16.8.2013, whereby notice was given to the firm to produce a responsible person in the court along with service record of the deceased. He then referred to the proceedings of 23.10.2013 when the statement of Senior Manager of the firm was recorded who produced the documents (Annexure A1 to A6). Learned counsel contended that from the documents produced by the Senior Manager of the firm, it was clear that the deceased had been appointed by the firm at the salary pleaded by the appellants.