UNION OF INDIA Vs. SARASWATI DEBNATH

JUDGEMENT

(1.) This appeal has been filed against the award dated 25-8-89 passed by the Motor Accident Claims Tribunal, Kamrup, Guwahati in MAC Case No. 10(K)/ 84. By the impugned award the learned Tribunal awarded an amount of Rs. 85,000 /with interest @ 10% per annum from the date of filing of the claim case on 28-1-84. Out of that amount only 15,000/- towards no fault liability and Rs. 25,000/- was paid at the time of filing of the appeal and Rs. 10,000/- was paid later on. Thus, in all Rs. 50,000/- have already been paid.

(2.) Two points were taken up before the Tribunal. (i) that the vehicle in question was not involved in the accident.(ii) That there is no documentary evidence to establish the income of the deceased Subal Debnath.

(3.) The brief facts are as follows:The accident in question occurred on 31-7-1983 at about 7.45 p.m. at Kalapahar Opposite to New Chemical Factory and in this accident a truck was involved. In this connection PW-2 Dr. Malay Kanti Chakravarty was examined. He deposed as follows: