GANESH Vs. RAM PRAKASH

JUDGEMENT

(1.) The present appeal has been preferred against the judgment and award dtd. 25/8/2005 passed by Motor Accident Claims Tribunal, Bhilwara in Civil Misc. Case No.391/2004, whereby the learned Tribunal after framing the issues, evaluating the evidence on record and hearing learned counsel for the parties decided the claim petition of the appellant-claimant and awarded a sum of Rs.4,40,700.00 in favour of the appellant-claimant on account of the injuries sustained by him in the accident which occurred on 7/9/2003.

(2.) Heard learned counsel for the parties.

(3.) Learned senior counsel for the appellant-claimants submits that the finding of the Tribunal on Issue No.4 is incorrect. He submits that though it was brought on record that the appellant was serving as "Doffer' in the Super Syncotex (India) Ltd., Gulabpura, the monthly income of the appellant was assessed as Rs.1500.00 only. He submits that in the light of the evidence of co-worker Bhomaram @ Bheem Singh, it was proved before the Tribunal that the appellant was working in the Super Syncotex (India) Ltd., Gulabpura on the post of "Doffer' and his salary was Rs.3,240.00 per month. He further submits that there is no reason to disbelieve the salary certificate issued by the competent authority of the company where he was working. Thus, the amount of Rs.1500.00 taken into consideration for computation of the award in the present case is on the face of it is incorrect and erroneous.