NATIONAL INSURANCE CO. LTD. Vs. DEESHO AND ORS.

JUDGEMENT

(1.) THIS appeal was filed by the appellant -Insurance Company assailing the award dated 01.11.2013 passed by Motor Accident Claims Tribunal, Kapurthala (for short, "the tribunal") in MACT petition No. 37 of 07.06.2011 titled "Deesho and others v. Vijay Kumar and others" awarding compensation to the tune of Rs. 7,27,000/ - to respondents No. 1 to 3 -claimants on account of death of Nasib Singh and fastening liability of payment of the award amount on the appellant -insurer and respondents No. 4 to 6 (driver and owner) of the Truck/Trala No. HR -58B -0997 (hereinafter referred to as "the offending vehicle") within two and half months from the date of award, failing which to pay the same alongwith interest at the rate of 9% per annum from the date of claim petition till realization.

(2.) THE submissions made by Mr. S.S. Sidhu, learned counsel representing the appellant have been considered.

(3.) LEARNED counsel further argued that to prove the occupation and income of the deceased the onus was on the claimants. They could produce no substantive evidence to prove that the deceased was a trained mason. The testimony of AW1 Resham Singh does not inspire confidence because no document was produced to support his version that his son use to send him money by working abroad. Just by imaginative assessment, the learned tribunal has wrongly assessed the income of the deceased as Rs. 15,000/ -. In the absence of any proof the income of the deceased should have been taken as per Minimum Wages Act which at that time was Rs. 3692/ - per month.