GOPAL CHANDRA DEY Vs. MINAKSHI SANYAL

JUDGEMENT

(1.) This Misc. Appeal is by the claimant-appellant against the judgment and award dated 3.7.2001 passed in MAC. Case No. 25 of 2000 by the Motor Accident Claims Tribunal, Jalpaiguri.The facts giving rise to the aforesaid claim case in short are that on 4.11.1999 a mini bus having Registration No. WB-71-7113 coming at a very high speed hit the claimant-appellant as a result of which he sustained severe injuries, he was removed to a hospital and was treated for quite sometime at Siliguri Hospital. Because of such injury his right leg was amputed.

(2.) Before the Claims Tribunal the involvement of the offending vehicle and the rash and negligent driving of the same by its driver were proved. In this appeal the respondent-Insurance Company has not disputed the findings so made by the Claims Tribunal in respect thereof. It is also not in dispute that the said offending vehicle was insured with the respondent-Insurance Company at the relevant point of time. The learned Claims Tribunal determined the compensation payable to the claimant at Rs. 94,000/- in total on the basis of the notional income of the victim at the rate of Rs. 15,000/- per annum.

(3.) This award has been challenged on behalf of the claimant upon contention that the learned Claims Tribunal ought to have determined the pecuniary damages i.e. the loss of earnings on the basis of the income as adduced by the claimant himself in his evidence and not on the basis of notional income of Rs. 15,000/- per annum.