High Court Punjab-Haryana High Court

Girdawri And Others vs Chabila Ram And Others on 17 July, 2008

Punjab-Haryana High Court
Girdawri And Others vs Chabila Ram And Others on 17 July, 2008
           In the High Court of Punjab & Haryana at Chandigarh



FAO No. 1219 of 2008

Date of decision:         July 17, 2008

Girdawri and others
                                                         ... Appellants
                          versus

Chabila Ram and others
                                                         ... Respondents
Coram:        Hon'ble Mr. Justice A.N. Jindal

Present:      Mr. Jitender Dhanda, Advocate
              for the appellants.

A.N. Jindal, J (Oral)

The appellants have filed this petition on the death of Bhanwar
Lal a Weldor, as a result of the accident which occurred on 9.12.2002. The
Motor Accident Claims Tribunal (Fast Track Court), Hisar, vide its
judgment dated 27.11.2007 awarded compensation to the tune of
Rs.3,34,000/- along with interest @ 9% per annum from the date of
institution till its realization. The deceased was about 30 years of age. The
Tribunal has assessed his net income after deducting the amount which he
has been contributing to himself as Rs.1500/- per month and after applying
the multiplier of 18, a sum of Rs.3,24,000/- and Rs.10,000/- as
miscellaneous expenses (consortium) was awarded to them. The appellants
have not led any definite evidence to prove the income, therefore, the court
in all reasonability by sitting in the chair of a prudent man and keeping in
view the fact that the deceased was working as Weldor, assessed his
income which needs no interference.

Consequently, finding no merit in the appeal, the same is
hereby dismissed.

July 17, 2008                                            (A.N. Jindal)
deepak                                                         Judge