Kanwaljit Singh Ahluwalia, J - (1.) . - Present appeal has been filed by parents of Shankar.
(2.) In the claim petition it was stated that on the intervening night of 27.9.2003 and 28.9.2003 at about 3.00 A.M., Shankar son of the claimants along-with Shivji were going in a Truck bearing registration No.RJ14-G-9465 towards Ambuja Cement Factory. It is averred in the claim petition that Shankar was employed as Khalasi (Cleaner) in the Truch whereas injured Shivji was driver. It was further pleaded that when the Truck reached near Mangaliyawas, another Truck bearing registration No.HR58-8175 came from opposite direction. The said Truck was driven rashly and negligently. It is stated that the offending Truck bearing registration No.HR58-8175 was driven by Randhir Singh @ Gagandeep and the said Truck was insured with the Oriental Insurance Company Ltd. No appeal has been filed by the insurance company to assail the finding of rash and negligent driving.
(3.) Counsel for the appellants has submitted that the Tribunal has gravely erred in awarding Rs.2,00,000/- (Two Lacs) as lump sum amount to the claimants-appellants. Counsel has submitted that it has come in evidence that deceased Shankar was aged twenty years and was working as Khalasi (Cleaner) on the truck and was getting Rs.3,000/- per month as a salary. However, the Tribunal held that since no salary certificate or proof of income has been given, hence parents are entitled to Rs.2,00,000/- in all.;