PARVEEN SHARMA Vs. PRITAM SINGH

JUDGEMENT

(1.) THIS appeal is by the claimants seeking enhancement in the compensation allowed to them vide award dated 16.12.1992, passed by the Motor Accident Claims Tribunal, Ludhiana (here -in -after referred to as the Tribunal).

(2.) BRIEFLY narrating the facts. An accident took place on 10.11.1991 which led to filing of two claim petitions seeking compensation for the death of Pawan Kumar and for injuries to Rajinder Paul. This appeal has been filed by the legal heirs of Pawan Kumar. The claimants had pleaded that Pawan Kumar was a Contractor with Municipal Committee and owned two tractors and he had an income between Rs.5,000/ - to Rs.6,000/ - per month. The Tribunal noted that registration certificates of the tractors were in the name of three persons. The Tribunal also rejected the note books produced to show the account and considered the income to be Rs.1,200/ - per month and after making a deduction for personal expenses, the yearly loss was assessed at Rs.9,600/ - and after applying the multiplier of 20, the compensation was calculated at Rs.1,92,000/ -. A sum of Rs.3,000/ - was added as the amount spent on last rites, making the total compensation payable to be Rs.1,95,000/ -.

(3.) THE submission on behalf of the appellants is that the Tribunal had ignored the evidence produced by the claimants and they had produced evidence to show that some works had been allotted to the deceased by the Municipal Committee. It was urged that the deceased owned two tractors and sufficient evidence was adduced and the Tribunal could have made an assessment of the income. It was urged that the father of Pawan had died during the pendency of the appeal. It was further urged that the deduction towards personal expenses should be 1/10th as per Santosh Devi's case. It was urged that an addition towards future prospects should also be made and the appellants were also entitled to compensation on the head of love and affection, funeral expenses and loss of estate. Reliance was placed upon Rajesh and others Vs. Rajbir and others, 2013 9 SCC 54, Santosh Devi Vs. National Insurance Co. Ltd. and others, 2012 2 RCR(Civ) 882 and Vimal Kanwar and others Vs. Kishore Dan and others, 2013 7 SCC 476.