Appeal against auto accident compensation order. Court found Tribunal rightly assessed deceased's income at Rs.4500/month due to lack of evidence and correct multiplier use. Appeal dismissed for lack of illegality.
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Court No. - 40
Case :- FIRST APPEAL FROM ORDER No. - 1341 of 2019
Appellant :- Smt. Ram Devi And 4 Others Respondent :- Jubair Ahmad And 2 Others Counsel for Appellant :- Harshit Pathak,Anurag Pathak
Hon'ble Harsh Kumar,J.
Heard learned counsel for appellants and perused the record.
The present first appeal from order has been filed for enhancement of compensation.
Learned counsel for appellants contends that deceased was earning a sum of Rs.15,000/- per month, but the Tribunal has assessed his income at Rs.4500/- per month and has granted low amount, as compensation.
Upon hearing parties counsel and perusal of record, I find that claimants claimed that deceased was earning a sum of Rs.15,000/- per month from his profession of photography and in absence of any evidence regarding shop or alleged income, the Tribunal has rightly assessed the monthly income of deceased at Rs.4500/- (who was High School failed, as per claimants) and has also added 30% towards future prospect and has applied correct multiplier of 15 and the appellant has failed to show any illegality or manifest error in the impugned order and there is no sufficient ground for interfering with or setting it aside the impugned order. The appeal has no force and is liable to be dismissed.
The appeal is dismissed , accordingly.
Let a copy of this order be sent to court below for ascertaining necessary compliance.
Order Date :- 10.5.2019 Tamang
1 issue framed by the court
Whether the Tribunal's assessment of the deceased's income at Rs.4500/- per month despite a claim of Rs.15,000/- requires interference in the absence of evidence.
Smt. Ram Devi And 4 Others
Jubair Ahmad And 2 Others
Harsh Kumar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
