KUBRABIBI Vs. ORIENTAL INSURANCE CO LTD

JUDGEMENT

(1.) Leave granted.

(2.) The claim of the appellants was that the deceased was aged about 35 years at the time of accident and was working as a mechanic and was also running a jeep as transport business. In that view, it was claimed that as a mechanic, he was earning Rs.5,000.00 per month and a further sum of Rs.3,000.00 per month by running the jeep for transport on hire. The MACT having referred to the evidence which was tendered has reckoned the income at Rs.6,000.00 per month and has awarded the compensation of Rs.11,87,000.00. The High Court while reducing the amount has, apart from reducing the monthly income to Rs.3,000.00, has also reckoned the multiplier of Rs.15.00' instead of Rs.16.00'. It is in that light, the total compensation was reduced.

(3.) It is unfortunate that in a case of the present nature, the High Court while assessing the evidence available on record, has sought to seek strict evidence with regard to the income of the deceased. When the wife and children of the deceased were before the Court, they would not be in a position to secure all evidence when the deceased earning member was not in secure job. Despite the same we note that in the instant case, a perusal of the judgment and award passed by the MACT, would indicate that an effort was made to examine the owner of the two wheeler repair shop where the deceased was said to be working. The High Court has discarded the same on the ground that no documents, to indicate that he is the owner of the shop and he had employed three persons, has been produced.