LAWS(KER)-2007-2-671

ANAS Vs. K V SURESH VELAYUDHAN

Decided On February 12, 2007
PATHUMMA Appellant
V/S
ORIENTAL INSURANCE CO. LTD. Respondents

JUDGEMENT

(1.) THIS appeal is against the judgment of the M.A.C.T., Tirur dated 30-5-2002 in O.P(MV) No. 24/1999. The only point urged by the learned counsel for the appellant is that the income fixed by the court below is too low. According to him, the deceased was employed abroad and was getting a salary of Rs. 5,000/- p.m. But, there is nothing on record to prove either employment or the salary said to have been received by him. It is in such circumstances that the Tribunal has fixed even a notional income of Rs. 2500/-. The burden of proof regarding the income being on the claimants and they having failed to do so, we do not find any fault with the Tribunal for fixing the compensation. We find no grounds to interfere with the award. The appeal is therefore dismissed.