GEETA AND OTHERS Vs. GURDEEP SINGH AND OTHERS

JUDGEMENT

(1.) This is an appeal under Section 173 of the Motor Vehicles Act against the judgment and award dated 29.09.2003 passed by the Judge, Motor Accident Claims Tribunal, Bhilwara, vide which, an award of Rs.1,42,000/- was granted.

(2.) The tribunal awarded total sum of Rs.1,42,000/- along with interest at the rate of 6%. The income was assessed at Rs.500/-. By adding the future prospects, it was fixed at Rs.1000/- in all, i.e., Rs.12,000/- per annum. Deduction of 1/4 th was applied and finally held it to be Rs.8,000/- per annum. By applying the multiplier of 14, amount Rs.1,12,000/- was awarded as compensation, besides giving Rs.30,000/- under various heads. Thus, a total of Rs.1,42,000/- was given.

(3.) While praying for enhancement, learned counsel for the appellant submitted that the tribunal seriously erred in determining monthly income of deceased to the extent of Rs.1000/- in all. At the relevant time, deceased was working as Chowkidar in B.P.L. Company and thereby he used to get Rs.2000/- per month. In addition to this, deceased used to get Rs.700/- per month as pension and as such, total income of deceased was Rs.2700/-. The income of deceased has been proved by the claimants' evidence. It is further submitted that evidence of the claimants remained uncontroverted. When there is undenied and undeniable evidence, the same ought to have been considered in toto. The learned tribunal seriously erred in not believing the income certificate Ex.15. It is also submitted that the author of every document is not required to be produced to prove the same until and unless there is serious complaint.