MAIMMONAMMAL ARIF Vs. PONNAM M.A.

JUDGEMENT

(1.) Heard learned counsel for the parties.

(2.) Leave granted.

(3.) At the outset, learned senior counsel for the appellants submits that the deceased was earning Rs.38,000.00 (Rupees Thirty Eight Thousand) per month while working in a foreign country as converted into Indian currency and out of that, Rs.30,000.00 (Rupees Thirty Thousand) per month was being sent to the family every month in India. It was submitted that the bank statements were exhibited showing such remittance. However, it was submitted that the courts below have wrongly not believed the same and a notional income of Rs.10,000.00 (Rupees Ten Thousand) per month was given by the Motor Accident Claims Tribunal, Pathanamthitta (for short, the "MACT") and Rs.12,000.00 (Rupees Twelve Thousand) per month by the High Court, which is thoroughly inadequate and in the teeth of the evidence which was before the courts below. It was further submitted that the claimants are also entitled to proportionate increase in future prospects by addition in the annual income computed for such calculation.