- (1.) This appeal has been filed by the appellants-claimants for the enhancement of compensation.
(2.) The brief facts of this case are that on 6.09.2005 Rishi Kumar Sharma (since deceased) aged 19 years was coming as pillion rider upon Hero Honda bearing registration No.PB-10BF/5971 from the side of Morinda for going to his college at Kharar, driven by respondent No.2 on its correct left side and when they reached near Bhattis at about 1.30 p.m. respondent No.1 came driving Tractor No.PB-18- J/6256 from the side of Kharar at a high and rash speed and in a negligent manner and struck the above said motorcycle from behind as a result of which, Rishi Kumar Sharma as well as the driver of the motorcycle fell down on the road and received multiple injuries, which proved fatal for deceased Rishi Kumar Sharm. After the accident, Rishi Kumar Sharma was taken to the Civil Hospital, Kharar where he was declared dead.
(3.) The Tribunal has awarded compensation of Rs.1,60,000/- alongwith interest @ 7% P.A. from the date of filing of the petition till its realisation. At the very outset, the learned counsel for the appellants has pointed out that the learned trial Court erred in calculating the compensation and instead of Rs.1,60,000/- it should have been Rs.2,35,000/-. This fact has been accepted by the learned counsel for the respondent No.1 and consequently order this correction. Learned counsel for the appellants has argued that the deceased was educated and brilliant student but Tribunal has erred in taking the income as Rs.15000/- per annum.;