VIJAYA KRISHNA PUTTURAM Vs. NANJI MALSHI GOSAR

JUDGEMENT

(1.) THIS appeal by the owner of the motor vehicle is against the award for Rs. 1,29,600/- out of which the liability of the Insurance company who is Respondent No 4 is to the extent of Rs. 50,000. The appellant's claim here is confined to a sum of Rs. 64,000 which is outside the liability of the Respondent No. 4.

(2.) THE only point urged is that there is no evidence about the monthly income of the deceased which is the basis of the computation of the amount of compensation. We have been taken through the evidence of the two witnesses and the certificate of salary Exhibit 25.

(3.) THE evidence of the mother is that the deceased who was 18 1/2 years' old earned Rs. 1200, per month. This evidence has to be accepted because it is based on personal knowledge and upon receipt of the amount every month. Besides Jayantilal a partner of the firm in which the deceased was employed on a monthly salary of Rs. 1200, has also been examined to prove only the certificate of salary but also the actual payment of salary. He has been cross-examined with regard to the accounts books but precious little has been brought out to challenge his testimony It is urged by Shri Chapekar that the account books were not actually produced. The record does not show that the Appellant ever pressed for the production of the account books. The evidence was closed after the questions about the account books were asked. It was open to the Appellant to seek a postponement and wait for production of the account books and then cross-examine Jayantilal-with reference to the account books. In our opinion, the testimony of Jayantilal also proves the income of the deceased.