LAWS(J&K)-2011-11-11

UNION OF INDIA Vs. TARLOK CHAND

Decided On November 04, 2011
Union of India and Anr. Appellant
V/S
Tarlok Chand and Ors. Respondents

JUDGEMENT

(1.) Motor Accidents Claims Tribunal, Jammu awarded Rs. 4,19,052/- as compensation to the parents of Atul Kumar Dogra, who died while travelling in Tipper bearing registration No. 69209-98E of GREFF on 15.05.2001 vide its Award dated January 20, 2006.

(2.) Union on of India, and the driver of offending vehicle attached to 35 BRTF, GREFF, Puran Chand, have questioned the Award in Appeal.

(3.) Referring to Sarla Verma and others vs. Delhi Transport Corporation and others, 2009 6 SCC 121, appellants learned counsel Mr. Ajay Sharma submitted that Award of the Tribunal was on higher side, in that, rather than deducting fifty percent of the amount, which the deceased would have ordinarily spent on him, and, in the event of his marriage, on his own family, had he survived the accident, the Tribunal had erred in deducting 1/3rd from the notional income of the deceased and the Award of the Tribunal, therefore, needed modification.