RAVINDER Vs. SHER SINGH

JUDGEMENT

(1.) THE claim in appeal here is for enhanced compensation. The claimants being the widow, and two minor daughters of Surinderjit Singh deceased, who was killed when his scooter was involved in an accident with the truck HRL- 1280 coming from the opposite direction. This happened at about 2. 30 P. M. on August 20, 1983 on the Ambala-Jagadhri Road. It was the finding of the Tribunal that the accident had been caused entirely due to the rash and negligent driving of the truck driver. A sum of Rs. 40,000/- was awarded as compensation to the claimants.

(2.) A reference to the evidence on record would show that Surinderjit Singh deceased was aged 32 years of age at the time of his death and he died leaving behind his 30 years old widow Ravinder Kaur and their two minor daughters-Jasbir Kaur and Balbir Kaur, who were all wholly dependant on him.

(3.) ACCORDING to the testimony of the widow P. W. 2 Ravinder Kaur and P. W. 3 Giani Harbans Singh, the father of the deceased, Surinderjit Singh was running a soap factory and two grinding machines and his income was Rs. 1200/-per month. Both these witnesses admitted in cross-examination, however, that Surinderjit Singh had not been paying any income-tax or sales tax. No accounts or other corroborative evidence with regard to the income of the deceased is forthcoming This being so, no exception can be taken to the Tribunal assessing the income of the deceased to be Rs. 500/- per month.