Motor Accident
Compensation—Determination—Appreciation of evidence—Compensation awarded by Tribunal reduced by High Court—Appeal—Strict rules of evidence as applicable in a criminal trial, are not applicable in motor accident compensation cases—View taken by the High Court while rejecting the salary certificate and pay slip of deceased merely on the ground that person issuing such two documents was not examined before the Tribunal—Unaccepted—Salary certificate and pay slip of deceased are conclusive proof of the income of deceased and were also corroborated by statements of deceased’s wife and his co-workers—Compensation enhanced.
[Paras 19 & 20]
Compensation—Loss of consortium—Deceased left behind 5 dependants, i.e. the Appellants—Grant of Rs.40,000 by the Tribunal towards loss of consortium is insufficient—Grant of Rs. 40,000 towards loss of consortium is increased to Rs. 44,000 to each appellant, amounting to a total of Rs.2,20,000.
[Para 22]
Compensation—Funeral expenses—Amount of Rs. 15,000 for funeral expenses is very meager—Amount of Rs. 20,000 is liable to be paid towards funeral expenses.
[Para 22]
Compensation—Loss of estate—Amount of Rs. 15,000 for loss of estate is very meager—Award of Rs. 15,000 towards ‘loss of estate’ is liable to be increased to Rs. 20,000.
[Para 22]
Decision : Appeal allowed