JANIK ALI Vs. DIVISIONAL MANAGER ORIENTAL

JUDGEMENT

(1.) Heard Mr. H. Das, learned counsel for the Appellant and learned counsel Mr. R.C. Paul for the respondents.

(2.) This appeal is directed against the judgment and order dtd. 22/7/2019 passed by the learned Member, MACT Goalpara in connection with MAC case No.328/2017 directing the Insurance company to pay a compensation of Rs.3,22,240.00 only with interest @ 6% per annum from the date when the evidence of the claimant's side was closed. The appellant in this case is the claimant himself, Md. Janik Ali, who is aggrieved by the quantum of compensation awarded by the Tribunal. The Divisional Manager of Oriental Insurance Company, the owner of the vehicle involved in the accident, Saiful Ali and the driver of the vehicle, Mofidul Hoque are arrayed as respondent Nos. 1, 2 and 3 respectively.

(3.) It is contended by the claimant that the claimant used to work as a motor mechanic in a private garage but unfortunately the Tribunal did not consider the income of the claimant and computed the compensation, taking the notional income into consideration. The claimant has thus prayed for enhancement of compensation through this appeal. The appellant and the insurance company will be referred to, according to their original standing in the MAC Case No. 328/2017 i.e. as the claimant and insurer.