NIRMAL SINGH Vs. SUMER CHAND

JUDGEMENT

(1.) The Motor Accident Claims Tribunal (Tribunal for short), Yamunanagar at Jagadhri granted compensation to the tune of Rs.2,76,500/ - to the claimants i.e. the present respondents for the death of their son in a motor vehicle accident, which took place on 9.5.1996. The offending vehicle was not insured and the appellant herein was the owner and driver of the same. The liability was thus fastened on him and he filed the appeal.

(2.) Learned counsel for the appellant argued that there was no proof at all of the income of the deceased who was 20 years old at the relevant time and the Tribunal without any evidence assessed the income of Rs.2000/ - per month. The accident took place in 1996 and, therefore, the minimum wages prevailing for a labourer at that time should have been taken as the income, at best.

(3.) Learned counsel for the respondents argued that the appellant himself appeared as RW1 before the Tribunal and it came in the award that he had admitted that the deceased was running a shop at village Nathanpur. Since the appellant himself admitted that the deceased was a shop keeper, income of Rs.2000/ - per month taken by the Tribunal was not on the higher side. It was further contended on behalf of the respondents that rather something should be added towards future prospects even though no cross objections were filed by the claimants. It was lastly submitted on behalf of the appellant that nothing was given under the conventional heads.