PADMAKSHIAMMA NANU PILLAI Vs. BAPU RAMCHANDRA MANE

JUDGEMENT

(1.) Being aggrieved by the Judgment and Order dated 11 th July 2003 passed by the Motor Accident Claims Tribunal, Thane (the "Tribunal") in Claim Application No. 613 of 1995, the First Appeal has been filed by the mother of the deceased for enhancement of compensation.

(2.) The fact that the son of the Appellant died in the accident, wherein truck No. MWE 1371 was involved is not in dispute. It is also not in dispute that the said truck was owned by the Respondent No.1 and insured with Respondent No.2.

(3.) The Appellant is aggrieved by the fact that, despite having proved the income of the deceased of Rs.3,125.00 per month, the Tribunal has considered the notional income at Rs.1,800.00 per month. Ms. Gokhale draws this Court's attention to the evidence of the Appellant at page 20 and of the employer of deceased at page 23. Ms. Gokhale submits that the income of the deceased has been proved by the Appellant as Rs.3,125.00 per month, which has erroneously not been considered by the Tribunal. Ms. Gokhale submits that even the employer has stated that the deceased was working with him as an X- ray Welder and was being paid Rs.125.00 per day to the deceased, and also issued a certificate to that effect. That the Tribunal has observed in paragraph 9 that if the monthly income of the deceased is calculated at the rate of Rs.125.00 per day, considering that he was working through out 30 days, it comes to Rs.3,750.00 and if four days' holiday are deducted, the income would comes to Rs.3,250.00. Ms. Gokhale submits that the Tribunal has erroneously observed that by any mode of calculation one cannot arrive at a decision that the monthly income of the deceased was Rs.3,125.00 and has, without any basis, rejected the certificate of the employer and considered the notional income of Rs.1,800.00 per month.