NEW INDIA ASSURANCE COMPANY LTD Vs. FATIMA KHATOON

JUDGEMENT

(1.) The New India Assurance Company Limited (hereinafter referred to as the "Insurance Company") has moved this Court against the judgment and award dated 7th October, 2005 passed by the 3rd Additional District Judge-cum-Motor Vehicles Accident Claims Tribunal, Gaya (hereinafter referred to as "the Tribunal").

(2.) The factual aspect as far as the accident is concerned, is not disputed by the either parties. The question that has been raised by the Insurance Company in this case is two-folds. It is firstly contended that there is no documentary evidence to show that the petitioner was earning Rs. 5,000/- per month as salary at the time of his death. The second contention of the Counsel appearing on behalf of the Insurance Company is that the multiplier used for determining the amount of award to be given to the claimant should take into account the age of the claimant in cases where a young person dies.

(3.) The records of this case are before this Court. It appears from the deposition of AW-1 that Funan Khan was about 27 years of age and used to earn Rs. 5,000/- per month at the time of his death. It is also clear from the evidence of AW-1 that Funan Khan was working at Kolkata at the relevant time. Similarly, the other witnesses i.e. AWs-2, 3 and 4 have also stated that Funan Khan was working in Kolkata and he was earning Rs. 5,000/- per month. During cross-examination, the Insurance Company has not been able to dislodge this piece of evidence. Learned Counsel for the Insurance Company further submits that without any documentary evidence, the claimant cannot prove that the deceased was in fact earning a sum of Rs. 5,000/- per month.