LAWS(GAU)-2010-9-59

AMAR DAS Vs. RITA PAUL

Decided On September 29, 2010
AMAR DAS Appellant
V/S
RITA PAUL Respondents

JUDGEMENT

(1.) By this appeal filed under Section 173 of the Motor Vehicles Act,1988, the judgment and award, dated 31.05.2005, passed by the learned Member, Motor Accident Claims Tribunal, West Tripura, Khowai, in T.S.(MAC) No.143 of 2002, has been challenged, seeking enhancement of the award. By the impugned judgment and order, the learned Member, Motor Accident Claims Tribunal, granted compensation of Rs.56,933/-, in favour of the claimant, with interest thereon @ 7% per annum from the date of presentation of the claim application.

(2.) The appellant's case, in brief, necessary for deciding this matter, in brief, may be stated as follows:-

(3.) Being aggrieved by the said amount of compensation, awarded by the learned Member, Motor Accident Claims Tribunal, the claimant has come up with this appeal on the ground that the learned trial Judge failed to appreciate the evidence on record in its proper perspective and committed error by granting compensation on the basis of the notional income, without considering the monthly income of the claimant was Rs.3,000/-.