VANIBEN Vs. MUSTAQ ABDULSALAM KOLIA

JUDGEMENT

(1.) By way of this Appeal, the Appellants-claimants have challenged the judgment and award dtd. 28/2/2017 passed by the learned Motor Accident Claims Tribunal (Aux.), Panchmahal in M.A.C.P. No.1161 of 2012 on the ground, that the income of the deceased has not been considered in accordance with the evidence produced on record.

(2.) Learned Advocate appearing for the appellants- claimants Mr. Nishit A. Bhalodi submitted that the deceased was an agriculturist and was doing agricultural work and was supporting his family having five dependents. Learned Advocate for the appellants-claimants submits that the learned Tribunal even in absence of documentary evidence should have believed the real evidence produced by the claimants who had given the evidence on the basis of their knowledge. It is further submitted that is very hard for an agriculturist to keep the book of accounts where the income is not taxable. Therefore, it is submitted that it would be very difficult for a person working in an agricultural field or the owner of an agricultural land to prove his income and hence, at least the managerial skill of the deceased should have been recognized by the learned Tribunal and as such, the family would need to sustain themselves in absence of head of the family who could have looked after the agricultural work efficiently.

(3.) While countering the arguments, it is submitted by learned Advocate for the respondent - Insurance Company Mr. Maulik J. Shelat that any income which is proposed by the claimants was required to be proved by way of cogent evidence. The claimant/s could have supported their case by producing any documentary evidence from any Co-operative Society or any Institution where the agricultural produce would have been deposited, more so, in absence of any Books of Accounts, to inspire confidence and to support the case that they were earning from the agricultural land. It is therefore, submitted that no interference is required in the judgment and award passed by the learned Tribunal.