BHANU DEB (SARKAR) Vs. SUJIT SAHA ALIAS RAJU

JUDGEMENT

(1.) This appeal is filed by the original claimants seeking enhancement of the compensation awarded by Motor Accident Claims Tribunal, West Tripura, Agartala, under its award dated 22nd September, 2020 passed in Title Suit (MAC) 278/2016.

(2.) Brief facts are as under :

(3.) Since the sole question in this appeal is of correct computation of compensation, I have focused only on this aspect. In this respect, the claimants had examined the widow of the deceased. She had filed a sworn affidavit in which she had stated that the deceased was aged 50 years at the time of accident and earning Rs.15,000/- per month from the masonry work. In the cross-examination, the owner as well as the insurance company questioned this witness only on the average income of the deceased but not his age. The Tribunal, therefore, committed an error in resorting to the age estimate indicated in the post-mortem report when the wife of the deceased had come before the Court and deposed as to his age which statement had gone unchallenged.