KANYA BAI PRAJAPATI Vs. RAGHUVEER PRASAD REBARI

JUDGEMENT

(1.) This appeal for enhancement of compensation is directed against the judgment and award dtd. 15/3/2018 passed by the Motor Accident Claims Tribunal, (Family Court), Baran (for short 'the tribunal'), whereby, the tribunal awarded a sum of Rs.3,50,000.00 as compensation along with interest @ 6% per annum.

(2.) Learned counsel for the appellants has submitted that the tribunal committed an error in awarding lesser compensation. The tribunal seriously erred in assessing the monthly income of the deceased as Rs.5,000.00. Indisputably, the deceased was a vegetable vendor. While assessing the compensation, the tribunal erred in not accepting the case of the claimants that the deceased used to earn Rs.9,000.00 per month by selling vegetables. In the facts and circumstances of the present case, no documentary evidence was required to be produced. In support of his contentions, he has placed reliance on the judgment of Hon'ble Supreme Court in the case of Syed Sadiq etc. vs. Divisional Manager, United India Insurance Company reported in MACD 2014 (SC) 84 : 2015(1) RLW 191 (SC).

(3.) On the other hand, learned counsel for the respondent No. 3-insurance company has opposed the appeal and has submitted that in absence of any documentary evidence on record to prove the income of the deceased as Rs.9,000.00, the tribunal was right in taking the income of the deceased as Rs.5,000.00 on the basis of minimum wages fixed by the State Government at the relevant time.