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2016 Supreme(J&K) 257

RAMALINGAM SUDHAKAR
Harpal Singh & Anr. – Appellant
Versus
Resham Singh & Anr. – Respondent


Advocates:
For the Appellants :Mr. Surinder Singh, Advocate.
For the Respondents: None.

JUDGMENT

1. This appeal is of the year 2006 and the same is filed by the claimants challenging the award of Tribunal.

2. The accident in this case happened on 21.02.2004. The deceased bachelor– Deedar Singh aged 24 years, was driving his matador from Satwari to Bari Brahmna and a Bus bearing registration No. DLIPA 1663 driven by respondent No. 1, owned by respondent No. 2, who remained exparte before the Tribunal and also remained exparte before this Court, caused the death of deceased. The deceased was a driver by profession and was getting Rs. 6,000/- per month.

3. The father of the deceased aged 45 years and the mother aged 43 years are the claimants and they claim Rs. 31,72,000/-as compensation.

4. The father of the deceased was examined as witness. PW-1 Narinder Singh was also examined as eye witness. PW-2 Gian Singh was examined in relation to the occupation of the deceased to prove his income as Rs. 6,000/-.

5. There is no issue of negligence and liability on the owner of the vehicle, since the vehicle was not insured. Insofar as quantum of compensation is concerned, the Tribunal fixed the income of the deceased at Rs. 6,000/- per month and deducted 2/3rd towards personal expense













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