POONAM AND ORS. Vs. RAJINDER PARSHAD AND ORS.

JUDGEMENT

(1.) This appeal seeks enhancement of compensation awarded to the appellant by the learned Motor Accidents Claims Tribunal, Gurgaon, vide Award dated 07.06.2004, on account of the death of Sh. Prem Shankar Shastri in a road accident found to have been caused on account of the negligent driving of respondent No. 1, who was driving an Ambassador car that hit the motor-cycle on which the deceased and appellant No. 1 were riding, on the date of accident.

(2.) Mr. Mahavir Singh Sandhu, learned counsel for the appellants, at the outset first submits that the deceased was only 38 years of age and was employed as a Sanskrit Teacher in a Government School, and his salary was proved to be Rs. 11,940/- in the month preceding his death and though the Tribunal has obviously accepted that figure while calculating compensation to be awarded, it has erred on two vital issues; viz., (i) not taking into account the prospects of income to be earned in the future had the deceased not died on account of the accident; (ii) by deducting the family pension being received by appellant No. 1 amounting to Rs. 6,080/- per month.

(3.) Learned counsel appearing for the respondent-Insurance Company, however, submitted that the Tribunal had awarded more than adequate compensation and nothing further, whatsoever, needs to be enhanced under any head whatsoever. He, however, could not deny the position of law, as settled in the judgments cited by learned counsel for the appellants, even while insisting that the amount which would be arrived at by taking future prospects of income and under other heads in to account, would be highly excessive.