MISRI DEVI @ MISIRI BAI W/O MUKANA RAM, PRAKASH M. S/O MUKANA RAM, KANCHAN M. D/O MUKANA RAM AND DAKU BAI W/O JASARAM Vs. ORIENTAL INSURANCE CO. LTD. BY ITS MANAGER AND DHAVAN ROADWAYS SERVICES

JUDGEMENT

(1.) THE claimants are before this Court seeking enhancement of compensation as against the sum awarded in MVC. No. 790/04.

(2.) HEARD the learned Counsel for the parties and perused the appeal papers.

(3.) THE Tribunal while assessing the compensation under the said head has reckoned the income of the deceased at Rs. 3,000/ - per month. The learned Counsel for the Appellant contends that the Tribunal was not justified inasmuch as the claimants had produced documents to indicate that the deceased was engaged in the business of pawn broking and money lending. The learned Counsel for the Respondent however contends that the Tribunal infact has noticed that aspect of the matter and since no document had been produced to prove the quantum of income, the Tribunal has reckoned the notional income, which is justified.