NATHIBEN Vs. DEVKARANBHAI DHULABHAI BHARWAD

JUDGEMENT

(1.) THE present appeal is directed against the judgment and order passed by the Tribunal in MACP No.1039/96, whereby the Tribunal has awarded compensation of Rs.4,51,000 with interest at the rate of 12 p.a.

(2.) THE short facts are that the deceased Kishorbhai Karsanbhai Patel on 02.05.1995 when was going in his maruti car bearing No.GJ17C136 from Khambholaj to Umreth, one jeep bearing GUM7695 dashed with the maruti car and the deceased sustained injuries and thereafter, he succumbed to the injuries. The said accident gave rise to the claim petition being MACP No.1039/96 before the Tribunal for compensation of Rs.35 lakhs. The Tribunal at the conclusion of the hearing passed the aforesaid judgment and award. Against the said judgment, the present appeal has been preferred by the original claimantsappellants herein for enhancement of the compensation.

(3.) WHEREAS Mr.Majmudar, learned counsel for the respondent no.3 insurance company submitted that it is true that the certificates of the salary in the year 1994 as well as for the income of the year 1995 had come on record, and on behalf of the Company, the witness was examined but in his submission, the deposition on behalf of the company was not reliable inasmuch as when he was crossexamined, he had stated that necessary documents can be produced but when he was called upon to produce the document, he filed the affidavit that company is closed since 2001 and there was dispute with the labourers and the documents have been destroyed. It was therefore submitted that the computerised statement of the company were unreliable and therefore the Tribunal has rightly assessed the income.