JUDGMENT Hon’ble Servesh Kumar Gupta, J. Miscellaneous application (IA 1731/2014) has been moved by the appellant Smt. Rekha Devi with the submission that her mother-in-law Smt. Heera Devi had died on 04.08.2013. 2. This application is allowed and death certificate of Smt. Heera Devi is accepted on record. 3. This appeal has been filed by the appellant Smt. Rekha Devi seeking enhancement of the award, rendered on 29.11.2011 by the Tribunal, District Pithoragarh. Mr. Ram Singh, at the age of 33, lost his life in the accident nearby Bajpur, when Uttarakhand Roadways Transport Bus setting out from Chandigarh was coming to Tanakpur and the deceased was travelling as a passenger in the same. Such Bus was collided from front coming Tractor resulting serious injuries to Mr. Ram Singh, which succumbed to such injuries later on. 4. The accident occurred on 01.05.2010 at 5:00 A.M. Claim Petition was presented by wife and mother of the deceased demanding Rupees Fifteen Lakh compensation but learned Tribunal could award only Rs.4,52,000/- against such amount. 5. Since, the Tractor, which dashed with the Bus and causing the accident, was insured with New India Assurance Company, hence liability has been fastened upon the insurer. 6. Feeling disgruntled, petitioner has come up in the appeal but during pendency of the same, Smt. Heera Devi has died, therefore, Smt. Rekha Devi along with her two children remains dependants. 7. The accident as stated and losing of life by Ram Singh on account of the same has not been denied as well as insurance of the Tractor has also not been denied. 8. This appeal has been filed for enhancement of award on the premise that salary certificate, disclosing Rs.9,900/- per mensum, payable to the deceased by employer has not duly been taken into consideration by the Tribunal. 9. An attempt has been by PW3 Mr. Mohan Singh, who was a class-IV employee and was employed as a waiter with Sispon Hospitality Service Private Limited, Kishanpur, District Solan, Himachal Pradesh, (the employer of the deceased), examined to prove the salary certificate of the deceased but learned Tribunal has not believed this certificate for the reason that it has not been proved by the undersignee viz. Mr. Satya Singh Pundir, Manager of such Private Limited Company. 10.
Mr. Satya Singh Pundir, Manager of such Private Limited Company. 10. I think that in fiscal matters, salary certificate issued by the Private Limited Company should not have been believed until the same is duly proved, therefore, notional income of Rs.3,000/- per month has rightly been taken into consideration by the Tribunal. 11. Learned Tribunal has been liberal in the sense that looking to four dependants, only one-fourth of such annual income has been deducted towards the personal expenses of deceased, therefore, evaluation for granting the compensation has rightly been done and it does not warrant any interference at the end of this Court 12. This appeal has no force and it is hereby dismissed.