SANKAR BANIK Vs. NATIONAL INSURANCE COMPANY LIMITED

JUDGEMENT

(1.) WHILE considering the appellants' application for payment of just compensation, we were requested by the learned advocates of both the parties to dispose of the appeal itself on merit after hearing them. Accordingly, the appeal itself is taken up for hearing.

(2.) SINCE the owner of the offending vehicle did not contest the claim case before the Tribunal, requirement of service of notice of appeal upon the owner of the offending vehicle is dispensed with on the prayer of the learned advocate appearing for the appellants. Thus, the appeal is treated as ready as regards service upon the respondents.

(3.) HERE is the case where we find that a housewife died in a motor accident occurred on 2nd February, 2007. As such an application under Section 163A of the Motor Vehicles Act was filed by the claimants who are the dependant heirs and legal representatives of the deceased. Since the claimants failed to produce any documentary evidence in support of their claim regarding the victim's income, the learned Tribunal calculated the compensation amount payable to them by accepting the notional income of the deceased as Rs.15,000/- per annum.