Judgment:
Hemant Gupta, J.
1. The claimants are in appeal aggrieved against the award rendered by Motor Accidents Claims Tribunal (hereinafter referred to as the Tribunal) on 9.3.1993 awarding a compensation of Rs. 1,92,000/- payable jointly and severally by the respondents.
2. On 15.8.1990, deceased Rajinder Singh while going on his scooter No.CHB-9053 met with an accident with Maruti Van No. CH-02-0023 coming from the opposite direction on the crossing of Sectors 20/30/32/33. Rajinder Singh deceased was dragged to a considerable distance due to the impact and he succumbed to the injuries lateron.
3. The claimant-appellants sought compensation alleging rash and negligent driving of driver of Maruti Van and pleaded that the deceased was aged 31 years at the time of accident and he was doing dairy farming at village Burail and piggery farming at Ellenabad as well as was a proprietor of Rajindera Steel Industries, Industrial Area, Chandigarh. The total annual income of the deceased was alleged to be Rs. 1,73,000/-.
4. After giving on opportunity to the parties to lead evidence, a finding has been recorded that the accident was caused by rash and negligent driving of the driver of Maruti van and thus, the respondents are jointly and severally liable to compensate the claimants for the loss caused to the claimants. However, the learned Tribunal assessed monthly income of the deceased at Rs.1500/- treating him a skilled labourer and by applying a cut of one third dependency, computed the compensation of Rs. 1,92,000/-- i.e. (1,000 x 12 x 16). The appellants are in appeal alleging that the inadequate compensation has been awarded by the learned Tribunal.
5. The learned counsel for the appellants referred to the letter of allotment of a plot by Chandigarh Small Scale Industries Development Corporation dated 1.4.1987 to contend that a plot was allotted to the deceased and the deceased was paying annual installments to contend that the deceased was a man of means and was running a business at Chandigarh. However, the said letter of allotment cannot be read into evidence as the appellants have not sought to produce the same by way of additional evidence, but only sought to produce uncertified copy of the document in Court.
6. However, to prove the income of the deceased, the appellant Paramjit Kaur has appeared as PW-1 and produced PW-2 Yogesh Sethi who deposed that the deceased was doing business of steel fabrication in Solan and Arki. The claimants have also produced PW-7 Kara] Singh to the effect that the deceased was doing the business of piggery framing at Ellenabad. Learned counsel for the appellants has also relied upon Smt. Usha Rani v. Om Parkash Sharma (2004-2)137 P.L.R. 557, to contend that one third deduction from the income of the deceased is highly excessive not sought to apply unit method for the minor each. Therefore, it is contended that since the deceased has left two adult members i.e. mother and wife and two minor sons, therefore, it is a case of 8 units and therefore, only two unit could be deducted towards the personal expenses of the deceased. Learned Counsel for the appellants has also referred to Harinder Kaur v. State of Haryana, (2002-2)131 P.L.R. 374, to contend that even in a case where the deceased was owning 8 kilas of land the monthly income of the deceased was assessed at Rs.2,000/- per month; whereas in the present case the deceased was not only owning 10 killas of land but was also carrying business of steel fabrication, dairy and piggery farming as well as Bardana i.e. jute bags.
7. The statement of witnesses produced by the claimants cannot be accepted on its face value. Admittedly, the income alleged by the deceased fall: within taxable limit attracting income-tax. However, no income-lax returns have been produced on record. However, giving allowance of exaggerations of income deposed by the witnesses, one cannot lose sight of the fact that the deceased was only 31 years of age and owner of agricultural land as deposed by PW-1 Paramjit Kaur and was carrying on business at Industrial Area Chandigarh. Will such activities, the minimum income of the deceased can be assessed at Rs. 2500/- per month. By deducting his personal expenses, the monthly dependency of the claimants as per unit principle, would be to the tune of Rs. 1875/-. By applying suitable multiplier of the compensation payable comes out to Rs. 3,60,000/- (1875 x 2 x 6 ). Therefore, the learned Tribunal has erred in commutating just compensation to the claimants.
8. Consequently, the award dated 9,2.1993 is modified and a sum of Rs.3,60,000/- is awarded in favour of the claimants and against the respondents jointly and severally. The claimants shall also be entitled to interest on the enhanced compensation at the rate of 3 per cent from the date of filing of the claim application till realisation.
With the above modification, the appeal stands allowed with no order as to costs.