MEENA DEVI AND OTHERS Vs. JASBIR AND OTHERS

JUDGEMENT

(1.) The appellants in FAO No.4118 of 2014 have claimed enhancement in the compensation awarded to them on account of death of Puran Singh, who was husband of appellant No.1 and father of the other appellants. In the other appeal i.e. FAO No.4122 of 2014, the appellants have claimed enhancement in the compensation awarded to them on account of death of Ranbir Singh, husband of appellant No.1 and father of the other appellants. Both the claims, put forth by the legal representatives of deceased Puran Singh and Ranbir Singh, were decided by Motor Accident Claims Tribunal, Rohtak (Tribunal for short), vide a single award dated 1.3.2014. For the death of Puran Singh, the amount awarded was Rs.8,27,000/- while for the death of Ranbir Singh, the amount awarded was to the tune of Rs.7,49,000/-.

(2.) Counsel for the appellants argued on behalf of Meena Devi etc. that though no proof could be brought on record that deceased Puran Singh was running a small scale industry and was earning Rs.25,000/- per month, the Tribunal should have taken into account the fact that the deceased was an ex-serviceman.

(3.) Counsel for the Insurance Company, however, argued per contra that nothing was shown by the appellants in evidence that the deceased had retired from Border Security Force as alleged in the petition. Had it been so, documentary proof would have been easily available with the appellants Meena Devi etc. It was contended that the Tribunal rightly held that the income of the deceased in both cases was Rs.6000/- per month. There is no dispute about the deduction and multiplier.