JUDGEMENT
S.S. Sodhi, J. -
(1.) The claim in appeal here is for enhanced compensation. The claimants being the parents, widow and minor daughter of Ram Kumar deceased, who was killed when the motor-cycle, he was travelling on, was involved in an accident with the Haryana Roadways Bus HYM-803 coming from the opposite direction. This happened on the Panipat Karnal Road at about 6.30 p. m, on April 26, 1983. It was the finding of the Tribunal that the accident had been caused entirely due to the rash and negligent driving of the bus-driver. A sum of Rs. 43,200/- was awarded as compensation to the widow and daughter of the deceased. No amount was, however, awarded as compensation to his Parents.
(2.) The evidence on record shows that Ram Kumar deceased was about 25 years of age at the time of his death and he died leaving behind his 20-years old widow-Raj Bala, a daughter who was one year's old besides his aged parents. The age of his father being 80 to 85 years.
(3.) The only witness examined with regard to the quantum of compensation payable to the claimants was the widow-A. W. 5, Raj Bala who deposed that her husband's sources of income were cultivation of land and a diary. She stated that his income from cultivation of land was Rs. 50,000/-to Ks. 60,000/- per year while that from dairy was between 1,000/- to 1,500/-per month. After his death, the diary had been closed while the agricultural income had come down to Rs 6,000/- to Rs. 7,000/- per annum. In cross-examination, however, it was brought out that in her claim application, the monthly Income of the husband mentioned therein was only Rs 1,400/- and what is more, the total land-bolding of her husband's family was 15 to 16 acres of land and in the family partition, the land that came into her husband's share was only 2 or 3 acres of land. Rs. 5,000/- to Rs. 6,000/-per year, she deposed, was the batai for the entire 15 or 16 acres of land.;
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