ISHRAT BANO Vs. GAJANAND SINGH

JUDGEMENT

(1.) Heard learned counsel for the appellants. The legal heirs of deceased Mohammad Ishaq have preferred this appeal for enhancement of the amount of compensation in respect of his death in a motor-accident took place on 9th August, 2005, and being aggrieved with the impugned Award dated 20th January, 2007 passed by the Additional District & Sessions Judge (Fast Track) No.2 and Motor Accident Claims Tribunal, Sikar, in Claim Case No.741/2005, whereby the learned Tribunal awarded a total compensation of Rs.4, 98, 000/- with interest at the rate of 7% per annum from the date of the claim application i.e. 3rd September, 2005, in their favour, as under:-

(2.) The only submission of the learned counsel for the appellants is about assessment of income of the deceased by the Tribunal. It is contended that, as per the salary certificate (Exhibit-14), the monthly income of the deceased was proved as Rs.4, 000/-, whereas the Tribunal wrongly assessed it as Rs.3, 000/-, therefore, to that extent the finding of the learned Tribunal is liable to be modified and the amount of compensation is liable to be enhanced.

(3.) I have considered the submissions of the learned counsel for the appellants in the light of the finding of the learned Tribunal with regard to the quantum of compensation. So far as the age of deceased and multiplier adopted in the present case are concerned, the same have not been disputed by the learned counsel for the appellants. The learned Tribunal, while assessing the monthly income of the deceased, has considered the statement of AW-1 Ishrat Bano and the salary certificate (Exhibit-14) of the deceased, wherein the monthly income of the deceased was stated/mentioned as Rs.4, 000/-. The Tribunal observed that this certificate is on a simple paper and Shri Yunus, who issued it, was not examined in the case to prove it, therefore, it is not safe to rely upon the said salary certificate.