LAWS(JHAR)-2007-7-3

GORAKH SAH Vs. SARASWATI DEVI

Decided On July 23, 2007
GORAKH SAH Appellant
V/S
SARASWATI DEVI Respondents

JUDGEMENT

(1.) THIS appeal by the claimants-appellants is directed against the judgment and award dated 10th December, 2004 passed in compensation Case No. 298 of 2000 whereby a sum of Rs. 1,50,000/- has been awarded by way of compensation for the death of 18 years young boy.

(2.) LEARNED Counsel for the claimants-appellants submitted that sufficient evidence was led to the effect that the deceased was selling vegetables in the market and his monthly incomes was Rs. 3,000/ -. In spite of that, the Tribunal in absence of any documentary evidence has taken the notional income and assessed the compensation. Learned Counsel submitted that in no case, compensation amount should be less than rs. three lacs.

(3.) MR. G. C. Jha learned Counsel appearing for the respondent-Insurance Company, submitted that the Tribunal has rightly taken the notional income for the purpose of determining the compensation.