PAYARI DEVI Vs. MANOJ KUMAR JAIN

JUDGEMENT

(1.) Heard Mr. A Lal, learned counsel appearing for the appellants. Also heard Ms. C Agarwal, learned counsel for the respondent No. 1 as well as Mr. K.K Bhatta, learned counsel appearing for the respondent No. 2, Insurance Company.

(2.) This appeal under Sec. 173 of the Motor Vehicles Act, 1988, is directed against the judgment and award dtd. 13/2/2017, passed by the learned Motor Accident Claims Tribunal No. 3, Kamrup (Metro), Guwahati in M.A.C. Case No. 2122/2012, whereby the Tribunal, while allowing the claim petition, assessed the monthly income of the deceased at Rs.4,500.00 and awarded total compensation of Rs.6,36,500.00 (rupees six lakhs thirty six thousand five hundred only) with interest @ 6% from 2/9/2015.

(3.) The claimants/appellants seeks enhancement of the award on the primary ground that the learned Tribunal failed to properly assess the income of the deceased. It is contended that although the claimant produced both, a salary certificate and the Income-Tax Returns (ITRs) of the deceased, the Tribunal rejected the salary certificate for want of proof and did not take into account the exhibited ITRs while determining the income of the deceased.