CHANDA Vs. AMBALAL

JUDGEMENT

(1.) This appeal under Section 30 of the Workmen's Compensation Act, 1923 has been filed for the following reliefs :-

(2.) The unfortunate accident happened in the mid-night of 12/13.5.2002 when Nand Lal (deceased) was travelling in video coach No. RJ-06P-999 in the capacity of 'Khalashi'. Counsel for the appellant has challenged the Award on the count that the month wage of deceased Nand Lal was taken as Rs. 1560/-, whereas it was demonstrated by leading evidence that Nand Lal was drawing wage of Rs. 4000/- per month. Counsel for the appellant stated that where oral evidence about income of deceased/injured is not contradicted, it has to be accepted as such. To substantiate his argument, Counsel relied upon the judgment of Hon'ble Apex Court in Smt. Kaushnuma Begum and Ors. Vs. The New India Assurance Co. Ltd. and Ors., reported in 2001 Western Law Cases (SC) Civil page 116; relevant portion whereof reads as follows :-

(3.) Counsel for the appellant submits that as per Section 59 of Indian Evidence Act, oral evidence has to be believed unless it is contradicted. Counsel for the appellant has shown evidence of PW-1 Chanda, PW-2 Kanchan, PW-3 Shiv Singh and PW-4 Satya Narayan to show that deceased Nand Lal was getting salary of Rs. 4000/- per month and there is no controversion of income of deceased. The driver of bus inquestion categorically pointed out that Driver was paid Rs. 6000/- per month and 'Khalashi' was paid Rs. 4000/- per month.