SHAKUNTLA DEVI Vs. TILAK RAJ MONKOTIA

JUDGEMENT

(1.) THIS judgment shall dispose of the present appeal for enhancement as well as an application under Order 41, rule 27, Civil Procedure Code filed by the claimants for leading additional evidence to place on record and prove the income tax returns filed by the deceased.

(2.) THE brief facts necessary for decision of the case are that deceased Jagdish Singh died in a motor vehicle accident involving maruti van No. HP 01-1396, which took place on 29. 5. 2000. The deceased was aged about 45 years. The claimants who are his widow and minor children filed a petition under section 166 of the Motor Vehicles act, 1988, claiming that the accident had occurred due to rash and negligent driving of the owner-cum-driver. It was further alleged that the vehicle was insured with national Insurance Co. Ltd. According to the claimants, the deceased was a government contractor having income of more than Rs. 40,000 per month and they prayed that compensation of Rs. 28,00,000 may be awarded. The parents of the deceased were added as pro forma respondent Nos. 3 and 4.

(3.) THE respondents contested the claim petition. The parties led evidence. The claims Tribunal assessed the income of the deceased at Rs. 8,000 per month and the dependency of the family at Rs. 6,000 per month. After applying the multiplier of 10 and awarding Rs. 15,000 on another count, the Tribunal awarded a total sum of Rs. 7,35,000. Aggrieved against this award, the claimants have filed the present appeal.