ANIMA SARKAR Vs. STATE OF ASSAM AND ORS.

JUDGEMENT

(1.) BY the impugned award, dated 3.3.2003, passed in MAC Case No. 218 of 2000, the learned Member, Motor Accident Claims Tribunal, Dhubri, has directed the insurer -respondent to pay, in all, Rs. 1,40,000, as compensation to the claimant -appellant.

(2.) I have heard Mr. R.K. Agarwalla, learned Counsel for the claimant -appellant, and Mr. S Dutta, learned Counsel appearing on behalf of the insurer -respondent. None has appeared on behalf of the owner -respondent at the time of hearing of this appeal.

(3.) WHILE considering the present appeal, it may be noted that the learned Tribunal has treated the annual income of the said deceased at Rs. 15,000 on the ground that the claimant could produce no documentary evidence to show the actual income of the deceased. In this regard, it needs to be noted that the notional income of a deceased victim is treated at Rs. 15,000 if the victim, who dies, is not proved to have been earning. In a case, where the evidence exists to show that the victim used to earn, the Tribunal has a duty to ascertain, by applying, if necessary, some kind of reasonable guess work as to what the income of the victim, at the time of the accident, was.