GURDISH KAUR Vs. DARSHAN SINGH

JUDGEMENT

(1.) THIS appeal for enhancement is directed against the award dated 4.12.2007 passed by the Motor Accident Claims Tribunal, Bathinda, whereby, on account of death of Khushdeep Singh, aged about 32 years, in a motor vehicle accident, the claimants were awarded compensation to the tune of Rs. 6,20,000/- along with interest @ 6% per annum. The respondents have not filed any appeal against the award, thus, it appears, that they have neither challenged the negligence of the respondent No. 1 nor their liability.

(2.) AS regards the quantum of compensation, it transpires from the record that Khushdeep Singh was posted as Clerk in the Housefed and was drawing salary of Rs. 7918/- per month. Pay slip (Ex. P-1) produced on the record reveals that the basic salary of the deceased was Rs. 6390/- and his gross salary was Rs. 7918/- per month. However, it has been urged that the Tribunal has wrongly taken the salary of the deceased as Rs. 5400/- per month, no reasons have been assigned by the Tribunal for considering the salary of the deceased on the lower side. The affidavit tendered by Gurdeep Kaur, one of the claimants, also reveals that the deceased was drawing salary of Rs. 7918/- per month. The Apex Court in case New India Assurance Co. Ltd. v. Bimla Devi and others, 2006(3) R.C.R.(Civil) 682 : 2008 ACJ 563 has observed as under :-

(3.) RESULTANTLY , this appeal is partly allowed. Now the claimants would be entitled to receive Rs. 10,28,576/- as compensation along with interest @ 6% per annum from the date of filing of the petition till realization. Appeal allowed.