DEVI BASUMATARY Vs. AJIT CHETIA

JUDGEMENT

(1.) The present appeal has been preferred under Sec. 173 of the Motor Vehicle Act, 1988 against a judgment and order dtd. 10/2/2014 passed by the learned MACT, Darrang in MAC Case No. 36/2012. The appeal has been preferred by the claimant praying for an enhancement.

(2.) The claim was made in respect of an accident which had occurred on 18/9/2011 in which the husband of the appellant Paresh Gogoi had expired. The deceased was a driver of Excavator and in the claim petition as well as in the deposition, it was contended that the deceased used to receive a monthly remuneration of Rs.8,000.00. The claimant had deposed as PW-1 and a co- worker as PW-2 and both of them had consistently stated regarding the monthly income of the deceased to be Rs.8,000.00. There was, however, no document on the monthly income.

(3.) The learned Tribunal, vide the judgment and order dtd. 10/2/2014 had awarded an amount of Rs.4,85,000.00 with interest @ 6%.