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1989 Supreme(Del) 153

S.B.WAD
MARIAM – Appellant
Versus
DELHI TRANSPORT CORPORATION – Respondent


Advocates Appeared:
J.N.AGARWAL, O.P.GOYAL

S. B. Wad

( 1 ) IN an accident caused by Bus No. DLP 1609 belonging to the respondents one Panna Lal was killed on 12. 11. 1972. The Tribunal awarded a sum of Rs. 18,450. 00 to wards compensation to the claimants. This appeal is filed for enhancement of the compensation. There is no cross-appeal and, therefore, the fact of negligence and liability for the payment of the compensation is not in doubt.

( 2 ) THE Tribunal, after looking into the evidence regarding the income of the deceased, had arrived at the correct conclusion wherein it had stated that apart from his salary of Rs. 350. 00 p. m. , the deceased was having the additional income as he was a technical hand/electric technician and he was required to support a family of nine persons. The Tribunal, however, had gone wrong in deducting Rs. 150. 00 p. m. on account of the rent which the family was receiving for the house owned by the deceased. This deduction is impermissible as it has nothing to do with the damages which are paid to the claimants on account of loss of life. After the deduction of Rs. 150. 00 per month the Tribunal has found that the claimants were entitled to a compensation of Rs. 21,600. 00. If the sum of Rs.


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