NAJMI WAZIRI,J. - (1.) The appellant has impugned the compensation awarded on 09.08.2011 to the mother and minor children of the deceased/accident victim. The appellant contends that the vehicle, being a Maruti Van bearing Registration No. DL2CJ6269, was not involved in the accident, no evidence was led to prove that the said vehicle was involved in the accident and that the Mechanical Inspection Report of the vehicle was not prepared at the time of the accident. It is argued that Smt. Ram Dulari/respondent No.1, mother of deceased Maharaj Singh deposed that she did not have documentary proof apropos her deceased son's income at the time of the accident, The learned counsel for the appellant refers to her cross-examination recorded on 01.11.2010, which reads as under:- " The deceased was earning Rs. 20000/- per month while working as a Gardener in a nursery in the area of Uttam Nagar. I cannot tell the name of the nursery. I cannot say as to how I stated that the deceased was earning Rs. 20,000/-. I do not know if I stated so in my claim petition."
(2.) He also refers to her conflicting pleadings in her affidavit in evidence which reads as under:- "3. The deponent stated that accused no.2 (driver Sh. Sunil of the maruti van bearing no.DL-2CJ-6269) was being driven in a rash and negligence manner hit the deceased Maharaj Singh and due to that accident the deceased was dead. The deponent further stated that the owner of the maruti van bearing no.DL-2CJ- 6269 is Sh. Nishant Goyal s/o Sh I.C.Goyal r/o c-4/152 Yamuna Vihar Delhi. The copy of the registration certificate of the maruti van bearing no.DL-2CJ-6269 is exhibited as PW1/10."
(3.) He contends that this deposition demolishes the very evidence on which the entire case is based i.e. the particulars of the vehicle involved in the accident and the averment that the deceased was earning an amount of Rs. 20,000/- per month were never established. He argues that it has also been proven that the injuries sustained by the victim Maharaj Singh because of the accident, resulted in his death.;