AJGAR ALI Vs. PRADIP DAS

JUDGEMENT

(1.) THIS appeal by the claimant -parents is directed against the award, dated 22nd July 2008, passed by the learned Motor Accident Claims Tribunal, Sonamura, West Tripura in Case No. TS(MAC)15 of 2008, whereby the learned Tribunal awarded a sum of Rs. 1,61,300/ - along with interest to the claimants as compensation.

(2.) THE Tribunal assessed the compensation by assessing the loss of dependency at Rs. 1,56,000/ -, Rs. 800/ - was awarded for treatment expenses, Rs. 1,000/ - for transportation, Rs. 1,500/ - for bringing the dead body to the hospital and Rs. 2,000/ - for funeral expenses. The insurance company has not challenged the award and, therefore, the only issue is with regard to the quantum of compensation.

(3.) WHEN any establishment is covered under the Employees' Provident Funds Scheme then obviously it is required to maintain certain books of accounts including a register of employees, salary register etc. In such cases the best evidence to prove the salary of the employee is by producing the books of accounts and mere production of a salary certificate is not sufficient. A salary certificate can be given by any official or any business organization and the same must be tested against the original records such as the books of accounts, salary registers, receipt of salaries etc. which are the contemporaneous record with regard to the salary. In this case, therefore, the learned Tribunal was justified in not accepting the salary of Rs. 6,000/ - per month.