The assessment of compensation under the Motor Vehicles Act should consider the deceased's actual income, supported by relevant documents.

VIJENDER SINGH MALIK, J. - This is an appeal brought by the claimant Gurpal Singh for enhancement of compensation awarded to him in a sum of Rs.3,40,000/-by learned Motor Accidents Claims Tribunal, Jalandhar (for short 'the Tribunal) vide award dated 16.07.2009. The claimant has brought the petition under the provisions of section 166 of the Motor Vehicles Act, (for short 'the Act') for compensation on account of the death of his son Jarnail Singh in a road side accident that took place on 23.07.2008. The case of the claimant is as under:-

2. On 23.07.2008 Jarnail Singh, deceased alongwith his friend Amarjit Singh was riding a motorcycle bearing registration no.PB-08-BB/8572. He was going from his village Dheena to village Jandusingha for some personal work. Jarnail Singh was driving the motorcycle. He was followed by Karnail Singh on another motorcycle at about 9 AM. When they were near village Patara, a mini bus bearing no.TO-4P016048 driven by a clean shaven person in army uniform came from the opposite side. It was driven in a rash and negligent manner and it had hit the motorcycle of Jarnail Singh, on account of which, he suffered multiple injuries. He was taken to Johal Hospital for medical treatment. The name of the driver of aforesaid mini bus came to be known lateron as S.S. Nehra son of Jagmehal Singh. It is claimed that Jarnail Singh was aged 31 years, was unmarried and was running business of sale/purchase of automobiles. He is said to have filed income tax return in a sum of Rs.1,12,000/-. A sum of Rs.2,50,000/-has been claimed to have been spent on the treatment of the deceased. Therefore, the claim petition has been brought for seeking compensation in a sum of Rs.30,00,000/-.

3. Notice of the claim petition was given to the respondents. Respondents no.1 and 2 had filed a joint written statement questioning the maintainability of the petition as well as claiming the same to be bad for mis-joinder and non-joinder of parties. It is claimed that the vehicle of respondent no.2 was damaged on account of the rash and negligent driving of motorcycle by Jarnail Singh and a sum of Rs.12,550/-is recoverable from the legal heirs of the deceased. It is admitted that respondent no.1 S.S. Nehra had been driving the mini bus. It was, however, denied that the same was being driven by respondent no.1 in a rash and negligent manner. The FIR lodged about the accident is said to be false.

4. Respondents no.3 and 4 are owner and insurer of the motorcycle involved in the accident. Respondent no.3 had been proceeded against ex-parte. However, respondent no.4 has filed written statement claiming that Jarnail Singh was not holding a valid and effective driving licence at the time of accident and the accident has occurred due to rash and negligent driving of respondent no.1.

5. On the pleadings of the parties, the following issues were framed by learned Tribunal on 09.01.2009:-

“1-Whether deceased Jarnail Singh son of Gurpal Singh died in a motor vehicle accident occurred on 23.7.2008 at about 4.00 am with motorcycle bearing registration no.PB-08/8572 driven by respondent no.1 S.S. Nehra rashly and negligently ? OPP

2. Whether the applicant is entitled for compensation, if so, to what extent and from whom ? OPP

3. Whether the petition is not maintainable ? OPR

4. Whether deceased was not holding valid driving licence at the time of alleged accident ? OPR (4)

5. Relief”

6. Taking evidence of the parties and hearing learned counsel representing them, learned Tribunal has made the impugned award.

7. Dis-satisfied with the quantum of compensation, the appellant has brought the appeal.

8. I have heard Shri K.S. Dhillon, learned counsel for the appellant, Ms. Sharmila Sharma, learned counsel for Union of India and Mr. Suvir Dewan, learned counsel for respondent no.4 and have gone through the record.

9. Learned counsel for the appellant has submitted that learned Tribunal has held the income of the deceased as Rs.3000/-per month treating