Meena vs Yasin - 2023 Supreme(P&H) 2433

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2023 Supreme(P&H) 2433

ANUPINDER SINGH GREWAL
Meena – Appellant
Versus
Yasin – Respondent

Advocates Appeared:
Mr.Robin Dutt, Advocate; For the Appellant
Mr. Rajnish Malhotra, Advocate for Insurance Company.

JUDGMENT

Anupinder Singh Grewal, J. (Oral)

The appellants/claimants have challenged the award dated 31.10.2014 passed by the Motor Accident Claims Tribunal, Yamuna Nagar at Jagadhri (for short, 'the Tribunal') whereby compensation of Rs.7,11,200/- has been awarded to the claimants.

2. Learned counsel for the appellants submits that income of the deceased has been assessed at Rs.4800/- per month although it was proved on record that the deceased was owner-cum-driver of the truck and his income was over Rs.15000/- per month. In support of his submission, he has relied upon the judgment of the Supreme Court in the case of Kala Devi v. Bhagwan Das Chauhan , (2015) 2 SCC 771 , judgments of this Court in the cases of New India Assurance Company Ltd. v. Master Arshad alias Asad and others, 2020 (1) An. WR 214 and Bhateri Devi and others v. Vidyadhar Noparam Jat and another , 2018 (4) Law Herald 3192 . He further submits that no amount has been given towards loss of future prospects, although 40 per cent was admissible as the age of the deceased at the time of the accident was 32 years. He also submits that no parental and filial consortium was awarded in view of the law laid down by the