HUKAM CHAND & ANOTHER Vs. CHURAMANI & OTHERS
LAWS(HPH)-2018-4-194
HIGH COURT OF HIMACHAL PRADESH
Decided on April 26,2018

Hukam Chand And Another Appellant
VERSUS
Churamani And Others Respondents




JUDGEMENT

Sureshwar Thakur, J. - (1.)The instant appeal is directed against the award rendered by the Learned Motor Accidents Claims Tribunal-1, Kullu in M.A.C. Petition No. 29 of 2015, whereby, the learned Tribunal adjudged compensation vis-a-vis, the LRs of deceased Jagdev. A perusal of the postmortem report Ex.PW1/A, makes a visible disclosure, of the deceased suffering his demise, on account of hemorrhage, hemorrhage whereof, is ascribed to a motor vehicle accident.
(2.)The trite grounds raised by the appellants herein, for striving, to beget enhancement, of, apposite computation of compensation amount vis-a-vis them, is, grooved in the factum of the learned tribunal, untenably scoring off, the testification of PW-4, wherein, he voices (a) of the deceased rearing an income of Rs.1 lac per mensem, from agricultural pursuits, (b) wherefrom, the counsel for the appellants, espouses, that the learned tribunal hence has grossly erred in assessing the per mensem income, of the deceased, only, in a sum of Rs.6000/-, whereafter, the counsel contends, that it has resulted in gross under assessment, of, compensation amount vis-a-vis the claimants.
(3.)The aforesaid contention meted before this Court by the counsel for the appellants, obviously, has to suffer outright rejection, for the reasons (a) , the bald testification of PW-4 unaccompanied by any receipts, making disclosures vis-a-vis the apposite sale proceeds accruing to the deceased, hence, being obviously unworthwhile nor warranting any imputation of any credence thereto. The learned tribunal had thereafter computed the notional per mensem income of the deceased, in a sum of Rs.6000/-, in computation(s) whereof, apparently hence there appears no gross infirmity, especially when there is no specific precise evidence vis-a-vis the precise income reared, by the deceased, from, his agricultural pursuits.


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