Ashok Kumar Malik, a Science Graduate from D.A.V. College, Amritsar, Guru Nanak Dev University and who had also obtained a Diploma in Textile Chemistry from Punjab State Board of Technical Education in Ist Division, met with an accident on 4.6.1985. He died. He left behind his widow and an infant child and parents, who had crossed the age of fifty. The deceased was going on a motor -cycle bearing registration No. JKR 259, when he was near Tawi Bridge he was hit by an Army Truck No. 75-D 19212/W. The death appeared to be instant. When the claim petition was preferred the plea taken was that the offending vehicle was being driven rashly and negligently. Compensation was accordingly claimed. With a view to sustain the claim regarding the compensation, it was pleaded that the aforermentioned Science Graduate with a Diploma in Textile Chemistry was carrying on his business of cloth merchant. This was from a shop located in Jammu. His income was put across at Rs. 5000/- by two of the witnesses and Rs. 6000/per month by another witness. He was found to be paying a sum of Rs. 800/- as rent for residential accommodation and in this manner the Tribunal observed, His income could not have be

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