KUSUM SOOD Vs. UNITED INDIA INSURANCE COMPANY LTD

JUDGEMENT

(1.) THIS appeal has been filed by the claimants against the award of Motor Accident Claims Tribunal, Ropar dated 30. 8. 1984 which on a claim petition filed by the claimants for the death of Shiv Darshan Sood, who died in a road accident on 28. 10. 1982, awarded Rs. 48,000/ - as compensation alongwith interest at the rate of 12% from the date of claim petition and liability to pay compensation was fastened on Prem Chand. Driver of Car No. HPY -288. The Tribunal has exonerated United India Insurance Company Ltd. with whom the car was insured for the reason that the deceased Shiv Darshan Sood was travelling in his car as a gratuitous passenger.

(2.) IN this appeal the case of the claimant -appellants is that the car HPY -288 was insured with the United India Insurance Company as such the liability should have been fastened on the Company. The other plea is that the income of the deceased and dependency of the claimants on the deceased had not been properly determined.

(3.) IT have considered the submissions of learned counsel for the parties and perused the paper book. From the perusal of paper book, it reveals that the death of the deceased is not in dispute. The only question for determination with regard to fixing of liability to pay compensation and the compensation to which the claimants are entitled. Lok Inder Pal, PW -6, who is brother of the deceased has stated that the deceased was 35 years of old at the time of death and used to earn Rs. 2,000/ - per month. He has also stated that the deceased used to pay income tax. During the cross examination, he has stated that he had twice seen the returns submitted by the deceased to the Income Tax Department. The claimants have also produced income tax receipt. However, the claimants did not lead any evidence to prove that the receipt related to the deceased.