NASIMA BEGUM Vs. KERAMAT ALI.

JUDGEMENT

(1.) Heard Mr. R. Dev, the learned counsel for the appellant. Also heard Mr. A.J. Saikia, the learned counsel for the respondent No. 3 and Mr. B.K. Purkayastha, the learned counsel for the respondent No. 4. None appears for the remaining respondents.

(2.) The appellant before this Court was also the claimant before the Tribunal. Being aggrieved with the Judgment and Order dated 09.12.2013, passed by the Addl. District and Session Judge - cum - Member, Motor Accident Claims Tribunal (the Tribunal), Hojai, Sankardev Nagar in MAC Case No. 181 (N)/2012, he has filed the present appeal.

(3.) Grounds taken in the appeal is that although the appellant/claimant led evidence that the deceased was earning a sum of Rs. 18,000/- per month and also giving private tuition, the learned Tribunal arbitrarily fixed a notional income of Rs. 3,000/- per month. The deceased was aged 42 years at the time of his death and which was supported by his Driving License but the learned Tribunal accepted 48 years as the age of the deceased on the basis of the post mortem report. Further, despite the fact that the appellant through PW-3 was able to establish about the fault on the part of the offending vehicle, the learned Tribunal held that there was contributory negligence. The appellant thus is in appeal before this Court.