RAM LAL Vs. CHITRA RAI

JUDGEMENT

(1.) The legal representatives, of, deceased Ram Lal, claimants herein, standing, aggrieved, by the award, rendered, by the learned Motor Accident Claims Tribunal-II, Mandi, H.P. (for short "MACT"), upon, Claim Petition No. 50 of 2004, have, hence through the instant appeal, cast, before this Court, sought enhancement, of, the compensation amount, assessed therethrough, vis-a-vis, them.

(2.) The learned counsel appearing for the appellants, has, made, a, vigorous espousal before this Court, qua, the compensation amount, determined, vis-a-vis, the claimants being deficient, (i) given, the disability certificate, embodied, in Ext. PW-3/A, proven by PW-3, making, a proclamation, vis-a-vis, one Ram Lal, suffering Lefort-1 and Lefort-II, of face, in respect whereof, he undertook treatment in Dental College, Shimla, (ii) and, also,a, proclamation qua his being also entailed, with post-tromatic neck stifness, besides being entailed, with, trismus, and, nasal deformity, and, also, with RT eye medial ractum muscle palsy, (iii) thereupon, hence the nonassessment, of, compensation, under, the head loss of business, during, the period of treatment, and, also qua further loss of business, arising, from the afore disabling injuries, befalling upon, deceased Ram Lal ratherbeing interferable by this Court, and, hence the impugned award, being amenable, for, modificaiton. However, the afore submission, has, no vigor, as PW-3 in his deposition, has, not made any echoings, in his examination-in-chief, vis-a-vis, the disability, also entailing apt loss of income from his business, vis-a-vis, deceased Ram Lal, both, during the period of his treatment, nor, with his proving, vis-a-vis, the afore Ram Lal, being perennially precluded, to, perform, the, callings of his avocation. Consequently, the lack of, the, afore imperative echoings, in, the testification, rendered, by PW-3, hence leverages, an inference qua their being neither any loss of income, to, the afore Ram Lal, during, the period of his treatment, if any, nor his being precluded, by the afore disabling injuries, to, perform the callings of his business, nor his being entitled to receive compensation, for, the loss of earnings from his business, in sequel to the disability, pronounced in Ext. PW-3/A, being hence entailed upon him. Consequently, and, with the afore Ram Lal, no longer surviving, also, constrains this Court to conclude, that, under the afore head, compensation, if any, being assessable, only, during the life time of deceased Ram Lal, and, when hence, it is not assessable, vis-a-vis, his legal representatives, thereupon also the afore submission, has no vigor.

(3.) For the foregoing reasons, there is no merit in the appeal filed, by the claimants, and, is hence dismissed, and, the impugned award, is, maintained, and, affirmed. All pending applications also stand disposed of. Records be sent back forthwith.