NEW INDIA ASSURANCE COMPANY LTD Vs. CHHATRAI MAHANTA

JUDGEMENT

(1.) Heard Mr. S.K. Dash, learned counsel appearing for the Appellant -Insurer and Mr. K. C. Nayak, learned counsel appearing for Respondent Nos.1 to 3 - Claimants.

(2.) The present appeal is against the award of learned 2nd MACT, Cuttack in MAC Case No.474 of 2010. The Appellant here in this appeal has challenged the quantum of compensation granted in favour of the Claimants on account of death of the deceased on 31st December, 2009 due to motor vehicular accident.

(3.) It is contended by Mr. Dash that the Tribunal while disbelieving Ext.9 with regard to determining monthly income of the deceased, has abruptly came to conclusion to Rs.4000/- as his monthly income on notional basis. Therefore, the income of the deceased having not established on record should be accepted on complete notional basis in view of the prescription of the statute and judgments pronounced by the Hon'ble Apex Court.