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2009 Supreme(Del) 1410

J.R.MIDHA
Kunti Devi – Appellant
Versus
Baldev Singh – Respondent


Advocates Appeared:
For the Respondent: Sarbjit Sharma

JUDGMENT :

J.R. Midha, J.

The appellants have challenged the award of the learned Tribunal whereby compensation of Rs. 1,92,000/- has been awarded to the appellants. The appellants seek enhancement of the award amount.

2. The accident dated 4th November, 1991 resulted in the death of Ashok Kumar. The deceased was survived by his widow, one son, one daughter and parents who filed the claim petition before the learned Tribunal.

3. On 4th November, 1991, the deceased was driving his two-wheeler scooter on G.T. Road near Village Bakoli, Jai Bharat Dharam Kanta when the Chandigarh Transport Undertaking bus bearing No. CH-01G-5085 came from behind and hit the deceased resulting in his death.

4. The deceased was a businessman earning Rs. 3,434/- per month. The deceased was Income Tax payee. As per the Income Tax Return - Ex.PW2/3, the income of the deceased for the year 1991-92 was Rs. 41,212/-. After deduction of Rs. 10,000/- towards the investment made by the deceased, the taxable income was Rs. 31,210/-. The learned Tribunal took the income of the deceased to be Rs. 31,210/- and 50% was added towards the future prospects and the income of the deceased was taken to be Rs. 3,900/- per month.














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