Judgment:
Hemant Gupta, J.
1. This order shall dispose of F.A.O. No. 2167 of 2002, the appeal filed by the claimant, arising out of an application for the grant of compensation on account of the death of buffalo owned by the claimant.
2. In a motor vehicular accident on 20.03.1999, the buffalo of the claimant met with an accident with the passenger bus belonging to the Pepsu Roadways Transport Corporation, Patiala. The said buffalo succumbed to her injuries on 25.3.1999. The learned Motor Accident Claims Tribunal (hereinafter to be referred as 'the Tribunal') on the basis of evidence led, returned a finding that the accident took place on account of rash and negligent driving of the bus by its driver. However, in respect of compensation, it was found that the buffalo was of Murrah breed and was of seven years of age and, therefore, her value was Rs. 10,000/-. The claimant was also granted compensation of Rs. 20,000/- on account of loss of income, Rs. 500/- as carriage charges and Rs. 1,000/-on account of medical treatment (which appears to have been wrongly written as Rs. 10,000/- in the award of the learned Tribunal). Thus, the learned Tribunal awarded a total compensation of Rs. 31,500/-.
3. Learned Counsel for the offending bus has vehemently argued that the claimant cannot be awarded any compensation on account of loss of income. It was argued that the claimant can purchase buffalo on account of which compensation has been separately awarded. The said argument is misconceived. Not only that the buffalo of the claimant remained under treatment for five days but also the buffalo which the claimant may purchase is not in a position to lactate immediately. Therefore, for the loss of income on account of death of buffalo of the claimant, the claimant has to be compensated. Thus, the assessment of Rs. 20,000/- as loss of income to, the claimant on account of the death of his buffalo cannot be said to be excessive in any manner.
4. The claimant has sought compensation of Rs. 47,500/-. The said compensation is on account of expected income to the claimant from the buffalo. The claimant has been awarded Rs. 31,500/- which includes the amount of loss of expected income. There is nothing on record which may warrant any higher compensation than the compensation awarded by the learned Tribunal. Such amount of compensation is, thus, adequate. Therefore, I do not find any ground to interfere in the award rendered by the learned Tribunal. Consequently, both the appeal are dismissed.