S.B. Civil Miscellaneous Appeal No.201 of 2010. Durga Lal v. Shri Badri Narain & Ors.

O R D E R S.B. Civil Miscellaneous Appeal No.201 of 2010. Durga Lal son of Shri Mohan Dhakar VERSUS Shri Badri Narain son of Shri Nathu Lal and Others Date of Order :::: April 2nd 2010 Hon'ble Mr. Justice Dalip Singh Mr. S.P. Mathur, Counsel for the appellant By the Court : *** Heard learned counsel for the appellant. This miscellaneous appeal, under Section 173 of the Motor Vehicles Act, 1988 has been filed by the claimant for enhancement of the compensation, as awarded by the learned Tribunal vide impugned award dated 31.07.2008. The appellant suffered injuries in an accident involving Truck bearing No.RJ-29-G-1345. So far as the question of negligence on the part of the driver while driving the vehicle is concerned, that has been held in favour of the appellant. The appellant has only challenged the finding with regard to the quantum of compensation assessed by the learned Tribunal. I have gone through the findings of Issue No.3 and I -2- find that the learned Tribunal has rightly held that in the absence of any reliable evidence having been led by the appellant regarding the income of the appellant at the time of the accident the same was assessed to be Rs.15,000/- in accordance with the provisions of Second Schedule to the Motor Vehicles Act, 1988, where Rs.15,000/- has been mentioned as the notional income in the case of non-earning members. Based upon the aforesaid, it cannot be said that the learned Tribunal has committed any error in computing the amount of compensation in the case of the appellant when there was no reliable evidence on record regarding the income of the appellant. There is no merit in this miscellaneous appeal. The miscellaneous appeal is accordingly dismissed summarily. Ashok/ (Dalip Singh), J.