LILAWATI DEVI Vs. MD. AFZAL KHAN

JUDGEMENT

(1.) The claimants are in appeal for enhancement of compensation awarded in Claim Case No. 107 of 2004 under Sec. 166 of the M.V. Act by which the liability to pay the compensation amount has been fixed on the owner of the offending vehicle i.e. Opp. Party No.1 and not on the insurer of the offending vehicle i.e. Opp. Party No.2 (National Insurance Company Limited).

(2.) It is argued by learned counsel for the appellants/ claimants that admittedly the offending vehicle bearing Registration No.WB-03A- 7702 was under the insurance cover of Opp. Party No.2 (National Insurance Company Limited) and a finding in this regard has been recorded by the learned Tribunal in Issue No.(iv).

(3.) It is further argued on behalf of the claimant(s) that just compensation has not been awarded as the learned Tribunal has taken notional income of the deceased, whereas there was specific evidence led on behalf of the claimant(s) that the deceased was having a dairy business and was earning a sum of Rs.3,000.00 per month and aged 42 years at the time of accident and no contrary evidence was led on behalf of the respondent and despite this, the learned Tribunal has discarded the oral evidence and considered notional income of Rs.15,000.00 per annum for computing the annual income of the deceased.