UMESH PRASAD Vs. ORIENTAL INSURANCE COMPANY

JUDGEMENT

(1.) HEARD the learned counsel for the appellants and the learned counsel for the respondents. The claimants -appellants have preferred this appeal against the judgment and award dated 12.08.2005 and 30.08.2005 respectively passed by the learned Motor Accident Claims Tribunal - cum -Additional District Judge -1, Gaya in Motor Accident Claim Case No.18/2005/38/2001 by which the insurer -Oriental Insurance Company Limited has been directed to pay the balance amount of compensation to the tune of Rs.64,500/ - with interest @ 6% per annum from the date of filing of the claim application till its realization.

(2.) THE main grievance of the appellants is that although there is evidence on the record to show that the deceased Dipak Kumar, aged about 25 years was earning Rs.3000/ -per month but in spite of that the learned Tribunal has adopted notional income for calculating the income of the deceased. On the basis of pleadings of the parties, the following issues were framed by the learned Tribunal :

(3.) THE learned Tribunal has not believed the version of these witnesses and finding that the deceased was having no business, his income has been considered on the basis of notional income which is Rs.15,000/ -per annum. From the consideration of evidence of C.Ws. 1, 2 and 3, it appears that the claimants have not been able to substantiate that the deceased had any shop/ business of iron bar and earning Rs.3000/ - per month by him from the said shop by adducing any cogent, convincing, reliable and tangible evidence.