The main legal point established in the judgment is the correct assessment of income and entitlement to compensation for the deceased's legal representatives, including children, based on relevant legal precedents.

JUDGMENT

Archana Puri, J. - Challenge in the present appeal is to the Award dated 26.04.2012 passed by the Motor Accident Claims Tribunal, thereby, granting compensation, on account of death of Attar Singh, in a motor vehicular accident.

That, initially, Surjo Devi, widow, as well as four children and mother of Attar Singh (since deceased) had filed claim petition, thereby, seeking compensation, vis-a-vis, death of Attar Singh.

2. On appraisal of the evidence brought on record, vide impugned Award, the claim petition was partly accepted and compensation was granted only to appellant No.1-Surjo Devi (widow-claimant No.1) and proforma respondent No.5-Jimia Devi (mother-claimant No.6). However, claim petition was dismissed, qua all the four children of the deceased.

3. Being dissatisfied, appellant No.1-Surjo Devi as well as appellants No.2 to 4, have filed the present appeal, thereby, seeking enhancement of compensation and also, vis-a-vis, the denial of the compensation, respectively.

4. So far as the fact of accident is concerned, the same as such, is not disputed. However, the rashness and negligence imputed upon respondent No.1-Vinod Kumar, driver, has been denied by respondents No.1 and 2 (driver and owner) in their respective replies. Rather, they had taken the plea about the offending vehicle i.e. three-wheeler to be driven at moderate speed, but however, Attar Singh was drunk, while he was occupant of the offending vehicle and respondent No.1 took his vehicle on the left side of the road, on noticing the truck, coming from the opposite side, upon which, Attar Singh fell down from the vehicle and he could not control his body, being drunk and thus, accident took place, due to the fault on the part of the deceased himself and therefore, he was responsible. Even, the insurance company had pleaded about the alleged accident to be the hit and run case. However, to so substantiate this plea of rashness and negligence, on the part of the deceased, no evidence, as such, has been led on record by the respondents, who have been fastened with the liability to pay the compensation, so granted. Moreover, driver, owner and insurance company have also not filed any appeal to challenge the compensation, so granted, to widow as well as mother of the deceased. In these circumstances, the findings of learned Tribunal, vis-a-vis, factum of accident and the imputation of rashness and negligence, on the part of respondent No.1-driver, as such, has attained finality.

5. In this background, now Surjo Dev, widow as well as three children, namely Vijay Kumar, Mukesh Kumar and Sobha, who are sons and daughter, have filed the present appeal, for seeking enhancement of the compensation. However, one daughter namely Mamta, who had also been denied compensation and Jimia Devi, mother of the deceased, who had been granted compensation, have been impleaded as proforma respondents No.4 and 5, respectively.

6. It is now submitted by learned counsel for the appellants that learned Tribunal had erroneously assessed the income of the deceased to be only Rs.8652/- per month. However, the income of the deceased had been duly proved to be Rs.11695/- by producing the relevant record and witness from the Government office, in which, deceased was working. Learned Tribunal has wrongly excluded the amount of allowance, payable to the deceased. However, it is submitted that earnings are to be worked upon the salary minus taxable income (if so liable). It is further submitted that earnings of the deceased, did not fell within the taxable limits. As such, gross salary had to be taken into consideration. Furthermore, it is submitted that no benefit of future prospects, has been granted by learned Tribunal. The mother and widow of the deceased, who had been granted compensation, are entitled to said benefit as well. Furthermore, also it has been submitted that children of t