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10. PW2:­ Petitioner examined Sh. Deepak Gupta as PW2. He is owner of the company DEE GEE's Creations, 303 F, Floor Sant Nagar, East of Kailash, New Delhi­19, aged about 50 years. During his examination in chief, he relied upon certain documents i.e copy of his PAN Card Ex. as PW2/1 Suit no. 207/14, Ritika Banik Vs Virender Mann & Ors (page no­6 of 19) (OSR), copy of certificate of importer­exporter code (IEC) is Mark 'A' and salary certificate is already Ex. as PW1/4 and copy of driving license is Ex. as PW2/3(OSR). In his cross examination he stated that he is the owner of the company and the deceased was employed as a packaging supervisor as well as field officer since 2005. Initially the salary was being paid in cash and thereafter, in 2013, he started giving the salary through cheque and cash also. He paid Rs. 12,000/­ per month to the deceased. He maintained salary register as well as attendance register in his company but he has not brought it today. He can produce it in future. He has 14 employees in his company. He does not issue any appointment letter at the time of appointment of his employees. He has not brought any documents to show that the deceased was working in his company and getting Rs. 12,000/­ per month. He is not a summoned witness. He was told to appear in the present matter by the counsel for the petitioner. He further stated that it is correct that he has not filed any document to show that he is the proprietor of DEE GEE's Creations.

18. Income: Petitioner in her affidavit of evidence stated that deceased was working on the post of Packaging Supervisor & All Field Job in the department of M/s DE & GEE'S Creations 03 F.F.Sant Nagar , East of Kailash, New Delhi­65 and withdrawing salary a sum of Rs. 12,000/­ per month only. She further stated in his affidavit of evidence that deceased used to fulfill all the basic need of his family and maintained them as they were totally dependent upon him. In this regard, petitioner filed copy of salary certificate Ex. PW1/4 (objected to being photocopy). In the salary certificate it is mentioned that deceased Vishwajit Banik was working in the company Dee Gee's Creations as a Packing Supervisor and all Field Job since 2005 and presently withdrawing Rs. 12,000/­ per month inclusive all other benefits till the date of his death. Petitioner has also examined PW2 Deepak Gupta who is employer of her late husband. He stated that he is the owner of the company DEE GEE's Creations and he also filed copy of the PAN card Ex. PW2/1 as well as copy of certificate of importer exporter code (IEC) i.e Mark A in the court. He duly proved the salary certificate issued to the deceased. He stated that deceased was employed as a Packaging Supervisor as well as Field Officer since 2005. He further stated Suit no. 207/14, Ritika Banik Vs Virender Mann & Ors (page no­10 of 19) that initially he used to pay salary in cash and thereafter in 2013, he started giving the salary through cheque and used to pay Rs. 12,000/­ per month to the deceased. He further stated the he maintained salary register as well as attendance register of his company but did not produce the same in the court. Merely because this witness is not a summoned witness, his testimony can not be discarded by the court. He has stated that he is the owner of the DEE GEE's Creation and he also filed copy of certificate of importer exporter code (IEC) and has duly proved the salary certificate of the deceased. There is no reason to disbelieve his testimony. Moreover nothing has come in his cross examination. Rather it is in cross examination only that the fact regarding employment of the deceased in his company has come on record. This witness is a truthful witness. There is no reason to disbelieve his testimony, hence the income of the deceased is assessed around Rs. 12,000/­ per month.