Deepak Kumar Pandey vs Jaswant Singh and Others

Narendra Kumar Jain, J.—Heard learned Counsel for the parties.

Admit. The contesting respondents are represented by their counsel. With the consent of the learned Counsel for both the parties, the appeal was heard finally and is being disposed of.

The claimant-appellant has preferred this appeal for enhancement of amount of compensation in respect of death of their unmarried daughter namely, Anurakti Pandey aged about 17 years who died in motor accident took place on 11.6.2003 and being aggrieved with the impugned award dated 2.5.2005 passed by the Addl. District Judge (Fast Track) No. 8, Jaipur City, Jaipur, whereby the learned Tribunal awarded total compensation of Rs. 2,37,000/- in their favour.

The only submission of the learned Counsel for the appellant is that the learned Tribunal committed an illegality in not assessing the income of the deceased as Rs. 4,000/- per month as stated by the appellant in his statement and in awarding the lump sum amount of Rs. 2,25,000/- only under the head of "loss of income". Therefore, the impugned award may be modified and proper compensation may be awarded in the case.

The learned Counsel for the respondents contended that the deceased was unmarried girl of 17 years and a student of Class XII. There was no documentary evidence in support of income of the deceased and in absence thereof, the learned Tribunal was right in awarding the lump sum amount of Rs. 2,25,000/- of compensation on the basis of judgment of the Hon''ble Supreme Court in the case of Manju Devi and Anr. v. Musafir Paswan and Anr. 2005 (1) TAC 609. He, therefore, contended that the amount of compensation awarded in the present case, is just and reasonable and no interference in it, is called for.

I have considered the submissions of the learned Counsel for the parties and examined the impugned award, particularly; the finding of the learned Tribunal in respect of the issue No. 4 relating to quantum of compensation. AW. 1, Deepak Kumar, the father of the deceased Anurakti Pandey, in his statement stated that the judgment of the Hon''ble Supreme Court as referred to above which is fully applicable in the present case.

In view of above discussion, I do not find any merit in the appeal and the same is accordingly dismissed with no order as to costs.