BHUSHAN KUMAR Vs. BASANT KAUR

JUDGEMENT

(1.) THE matter here concerns the Award of Rs. 76, 800/- as compensation to the parents of Jaspal Singh fdeceased who was killed when while standing besides a rehri purchasing lemons, he was run over by the truck PUU-6830. This happened at about 6-15 P.M. On June 27, 1982 near the Joginder Chowk, Moga on the Ferozepure-Moga Road. It was the finding of the Tribunal that the accident had been caused due to the rash and negligent driving of the truck and the driver there of was Chamkaur Singh.

(2.) IN appeal here, the owner of the truck, Bhushan Kumar sought to disclaim liability for the accident on the plea that Chamkaur Singh had unauthorisedly taken this truck from where it was parked and then caused this accident. This contention was negatived by the Tribunal after taking into account the evidence on record. This finding has since become final in view of the dismissal of the connected appeal arising out of the same accident concerning the death of Kulwant Singh who was also killed along with Jaspal Singh deceased. (This appeal being F.A.O. 686 of 1984, Bhushan Kumar v. Manjit Kaur and Ors. decided on August 16, 1984).

(3.) A reading of the testimony of P.W. 10- Atma Singh of the Income Tax Officer, Moga would show that according to the return for the assessment year 1981-82, the net profit of Mechtronics Engineering Works was Rs. 7,308.13. The next return which was filed after the death of Jaspal Singh for the assessment year 1982-83, the net profit was show to be Rs. 19,327.61 paise. It was on this basis that the claimants sought income of the deceased to be assessed in working out the compensation payable to them.