BHANWAR DEVI Vs. HARI NARAIN

JUDGEMENT

(1.) HEARD .

(2.) THIS is an appeal for the enhancement of the amount of compensation awarded by the learned Motor Accidents Claims Tribunal, Jaipur, for the death of the deceased, who died in the accident at the age of 55 years. The learned Tribunal has awarded a total compensation of Rs. 55,000.

(3.) THE learned Tribunal has estimated the gross income of the deceased at the time of the accident, as Rs. 600 per month. This assessment of the gross income is based on guesswork. The learned Tribunal has expressly stated that in this case, the gross income of the deceased at the time of accident, would have to be estimated on guesswork, because there is no specific evidence on record. But, from a perusal of the award of the learned Tribunal, it is evident that witness Sitaram has deposed that the income of the deceased was Rs. 1,300 to Rs. 1,350 per month. Witness Omprakash has deposed that his deceased father used to earn Rs. 1,300 to Rs. 1,400 per month. There is no evidence on rebuttal in this behalf. Thus, from the testimony of witnesses, Sitaram and Omprakash, it is evidently clear that the gross income of the deceased at the time of the accident, was at least Rs. 1,300 per month. Therefore, the learned Tribunal does not seem to be correct, when it held that in the absence of evidence on record, the gross income of the deceased would have to be estimated on the basis of guesswork. From the evidence, as mentioned in the award, it is sufficiently established that the gross income of the deceased at the time of the accident, was at least Rs. 1,300 per month.