ZAHID KHAN Vs. ARUN MANDAL AND ORS.

JUDGEMENT

(1.) The appellant has preferred the present appeal for enhancing the compensation against the Award dated 03.05.2006 passed by the Motor Accident Claims Tribunal, Tis Hazari Court, Delhi. The brief facts are that on the intervening night of 22/23.01.2005, the appellant alongwith his friend Ramzani was going from Idgah Sadar Bazar to his village via Boulward road by tractor bearing No. HNQ-3736 driven by Ramzani. At about 3 a.m, the appellant parked the tractor by the side of the road.

(2.) The appellant on being granted insufficient compensation to him by the Ld. Tribunal preferred the present appeal seeking enhancement of compensation amount.

(3.) The learned counsel for the appellant argued that the Ld. Tribunal has failed to appreciate the deposition of the appellant that he was earning Rs. 200/- per day and thus, oral evidence has been over looked by the Ld. Tribunal, particularly, when there is no cross-examination to this effect by the opposite party. The appeal filed is civil in nature. Therefore, it is for the appellant to prove his plea on his own leg. The plea taken by the appellant in the present appeal that he was earning Rs. 200/- per day is to be either corroborated with ocular evidence or with documentary evidence. The appellant failed to discharge this onus. His mere ocular evidence of his earning Rs. 200/- per day alone does not ipso facto discharge him from the onus of proving the same under the Indian Evidence Act, 1872. As such, in the absence of documentary evidence, it is difficult to accept the contention that the appellant, a labourer, was earning the abovementioned amount as was deposed by him. Since no documentary evidence was put forth by the appellant, the Ld. Tribunal has rightly assessed the income of the appellant on the basis of the minimum wages as applicable to unskilled labourer as on the date of accident. Hence, no enhancement of the compensation is warranted on this ground.