MANDA RAJESH NAIK Vs. RAJAPPA DURGAPPA

JUDGEMENT

(1.) Heard Mr. Shailesh Redkar for the Appellant. The Respondent, though served, is neither present nor represented.

(2.) The Appellant challenges the impugned judgment and award dtd. 2/5/2018, made by the Motor Accident Claims Tribunal, South Goa, at Margao (Tribunal) in Claim Petition No. 135/2015, awarding the Appellant compensation of Rs.1,20,000.00with 9% interest from the date of filing of the petition, till realization for the injuries sustained by her in a vehicular accident that took place on 14/10/2014.

(3.) Mr. Redkar, the learned Counsel for the Appellant submits that the compensation awarded does not correspond to "just compensation" due and payable under the Motor Vehicles Act. He submits that the Claimant had adduced oral and documentary evidence to show that her monthly income was in the range of Rs.12,500.00 to Rs.13,000.00. He submits that three of the employers from whom the Appellant was earning this amount had not only issued the certificates but had deposed in the matter. He presents that the Tribunal unduly discarded this evidence, which held that the Appellant's monthly income could be notionally taken at only Rs.5,000.00 per month.