NIRMAL KAUR Vs. KRISHAN SINGH

JUDGEMENT

(1.) This is claimants' appeal seeking enhancement of the amount of compensation awarded by the learned Motor Accident Claims Tribunal, Chandigarh, ('the Tribunal', for brevity) vide impugned award dated 01.04.1995. The learned counsel for the appellant submits that the deceased was running a factory in the name and style of M/s. HK Enterprises, and supplying parts to Swaraj Tractors, which deducted Income Tax at source. Therefore, the learned Tribunal has erred in assessing the income of the deceased at Rs. 3,000/- per month. It is further argued that the multiplier has also been wrongly applied. Nothing has been awarded for future prospects. The learned counsel lastly argued that the compensation awarded under the other heads is also inadequate.

(2.) On the other hand, the learned counsel for the respondent-Insurance Company has vehemently argued that in the absence of any cogent evidence with regard to the income of the deceased, the same has been rightly assessed by the learned Tribunal. The amount of compensation awarded by the learned Tribunal under the other heads is also just and appropriate and does not call for any interference.

(3.) I have heard the learned counsel for the parties and perused the record.