SUBBAYAMMAL Vs. SAMINATHAN

JUDGEMENT

(1.) The claimant is aggrieved by The award of The Tribunal granting a sum of Rs.52000/- as against The claim of Rs.4,00,000/-.

(2.) The facts of the case are as follows: On 26.3.2003, the deceased Palaniappa Gounder was travelling in a bullock cart and the bus belonging to the first respondent driven rash and negligently dashed behind the bullock cart resulting in spontaneous death of Palaniappa Gounder on the spot. Hence the claim petition was filed and the same was resisted by the second respondent transport corporation.

(3.) Mr.V.P.Sengottuvel, learned counsel for the appellants submitted that there cannot be any evidence for the income of an agriculturist, milk-vendor and coconut merchant and his avocations were carried out individually and not in a formal manner; that the court cannot expect official documents in this regard and therefore he challenged the reasoning given by the Tribunal that there was no documentary evidence to prove the monthly income of the deceased at Rs.6000/- per month.