DIVISIONAL MANAGER Vs. SHIKHA RANI DEBNATH

JUDGEMENT

(1.) This appeal is directed against the judgment and award dtd. 15/6/2016 passed by the learned Motor Accident Claims Tribunal, Court No.4, West Tripura, Agartala in case No. TS (MAC) 131/2013 whereby and whereunder the learned Tribunal has awarded compensation of Rs.15,95,550.00 considering all statutory benefits.

(2.) Being aggrieved, the Insurance company has preferred the instant appeal before this Court only on the sole ground that the learned Tribunal has committed error in determining the compensation on the basis of the income of deceased at Rs.10,000.00 per month in absence of any proof of the said income.

(3.) On consideration of the grounds as submitted by Ms R Purakayastha, learned counsel appearing for the appellant-Insurance Co. this Court deems it fit to confine itself to the issue as to whether the claimant has been able to prove his income @ Rs.10,000.00 per month. Another question which this Court requires to decide is whether the Tribunal can consider an amount of Rs.10,000.00 per month to be the income of the deceased only on guess work, in absence of any proof in this regard.