KAMAL DEVI AGARWAL Vs. ORIENTAL INSURANCE COMPANY LTD

JUDGEMENT

(1.) The instant appeal is arising out of the judgement dated 5th October, 2005 passed by the Motor Accident Claim Tribunal, Fast Track, 2nd Court, Asansol in MAC Case No. 24/2003/84 of 2002. The claim petition was filed by the mother of the victim. The victim died in a road traffic car accident caused by a truck on 6th June, 2002. The mother made a claim of Rs. 8 lakhs as compensation. The Tribunal has been awarded a sum of Rs. 1, 84,500/- as compensation.

(2.) In the proceedings, the claimant apart from examinating herself has also produced one Sushil Bankeraika as claimant's witness. The mother deposed that his son at the time of accident had a monthly income of Rs. 6,000/-. He was getting a salary of Rs. 4,500/- from Sushil Bankeraika and Rs. 1500/- from Jai Shree Bhander. The evidence shows that her son was a part time employee with Sushil Bankeraika and Jai Shree Bhander. The mother in her deposition has categorically said that her son was getting a salary of Rs. 4500/- per month from Sushil Bankeriaka and Rs. 1500/- from Jay Shree Bhander. The said evidence was corroborated by Sushil Bankeriaka.

(3.) Before the Tribunal in support of the claim of Rs. 6,000/-, a certificate issued by Sushil Bankeriaka in favour of the victim was produced from which it appears that the victim was receiving Rs. 4,500/- from Sushil Bankeriaka at the relevant time. However, Sushil Bankeriaka was unable to produce any salary register. Sushil Bankeriaka has also produced his income tax return wherefrom it appears that for the year ended on 31st March, 2003 he had spent Rs. 1,84,500/- towards salary and fees of his employees. He contended that it is a fact that the victim was working with him as a part time employee drawing a salary of Rs. 4,500/-.