- (1.) The appellants came up in appeal against the award dated 12.12.2012 whereby compensation to the tune of Rs.12,39,000/- was awarded for the death of Dharmender Kumar in a motor vehicle accident, which took place on 29.12.2009.
(2.) The appellants prayed for enhancement and it was argued on their behalf that the income of the deceased was taken to be a meager Rs.8,000/- per month though it had come on record that he was owner of two trucks and one jeep and was earning a huge amount. The Tribunal in oblivion of the fact that the income of the deceased was pleaded to be Rs.1,30,000/- per month, assessed the same only at Rs.8,000/- per month. The evidence of the appellants was not properly considered. Learned counsel for the appellants contended that the deceased had also got a contract from a school, but he could not file any income tax return relating to that income because he had expired before the time for filing the return arrived.
(3.) Learned counsel for the Insurance Company, however, argued that the mere fact that the deceased was shown to be registered owner of trucks and jeep, it would not mean that he was earning a huge amount from those. It was also not proved on record that the deceased was providing transport to DAV Public School, as alleged.;