CHAYA BISHI Vs. NATIONAL INSURANCE CO LTD

JUDGEMENT

(1.) A litany of lapses has been dredged up in the claim application being M.A.C.C. No. 276 of 2005 on 19.10.2006 which has been carried at the instance of the claimant/Appellant in this appeal.

(2.) Background facts relating to the filing of the appeal which, in our opinion, would be relevant for the purpose of proper appreciation of the prayer made herein requires to be set out in a brief compass.

(3.) Smt. Chhaya Bishi suffered the distraught pain of losing her soul-mate, Kartik Bishi in fortuitous circumstances as known to Section 166 of the Motor Vehicles Act, 1988 by virtue of an act of the vehicle owned by Respondent No. 2 who has not contested the case. Descriptive role of the entire incident has been crafted in the judgment and order under appeal, for avoiding unnecessary prolixity we would refrain from setting out the same at seriatim as it would result in unnecessary adage. What is relevant is the question that P.W.1, when she lost her spouse in the circumstances which has been noticed before the Tribunal, had deposed as P.W. 1 that he was a goldsmith and earning Rs. 5,000/- per month approximately. If we pace back a few steps behind and advert to the claim petition we would find that she has spelt out that the earning capacity of her late husband was Rs. 5,000/- per month which he earned as goldsmith.