KANIKA MITTAL Vs. LABH SINGH

JUDGEMENT

(1.) All the aforementioned appeals shall stand decided by this common order. FAO-5929-2013

(2.) The appeal i.e. FAO-5929-2013 is filed by the claimants and legal heirs of the deceased-Shubham Mittal for enhancement qua assessment of the income on the ground that the deceased was 21 years of age and Law student and the income assessed by the Tribunal is on the lower side.

(3.) However, there is merit in the argument of learned counsel for the claimants that the deceased was admittedly a student of Law and, therefore, the income assessed as Rs.6,000/- was on the lower side. He under no circumstances can be equated with a labourer. Reliance is placed on the judgment rendered in the case of Ashwani Kumar Bhandari Vs. Darshna and others. 2010(4) PLR 99 wherein the learned Single Bench upheld the amount of Rs. 10,000/- where the deceased was a student of Law and the accident had taken place in the year 2000. In the present case, the accident is of the year 2010. Agreeing with the same, the income of the deceased deserves to be enhanced from Rs. 6,000/- per month to Rs. 10,000/- per month.