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ALKA SARIN
Baljit Kaur – Appellant
Versus
State of Punjab – Respondent
JUDGMENT
Alka Sarin, J. (Oral)
The only challenge in the present appeal is to the quantum of compensation awarded by the Motor Accident Claims Tribunal, Chandigarh (hereinafter referred to as the 'Tribunal') vide award dated 04.12.2002 whereby an amount of Rs.6,72,000/- was awarded to the claimant-appellants on account of death of Jaspal Singh Grewal (hereinafter referred to as the 'deceased'). Since the factum of the accident is not in dispute, the facts are not being adverted to for the sake of brevity.
2. The deceased in the present case was 45 years of age at the time of accident i.e. on 09.03.2001. Learned counsel for the claimant-appellants would contend that as per the income tax returns, the income of the deceased was shown from two sources; one from business and one from agricultural work. The Tribunal has assessed the income of the deceased only on the basis of income being earned by him from his business and not from agricultural work. Learned counsel for the claimant-appellants has relied upon a judgment of the Hon'ble Supreme Court in the case of State of Haryana and Anr. v. Jasbir Kaur and Ors. [2003 ACJ 1800] to contend that even in a case where the deceased was an agr
Income assessment for compensation must reflect realistic estimates, not merely minimum wage, ensuring just compensation based on evidence and established legal principles.
Assessment of compensation must consider all reliable income evidence, and tribunals should not dismiss documented proofs due to inadequate accompanying documents.
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