MALTI MAHATO Vs. SANJAY KUMAR DEY

JUDGEMENT

(1.) HEARD the learned Counsel appearing for the parties.

(2.) THIS appeal by the claimants -appellants is for enhancement of compensation awarded by the Motor Accident Claims Tribunal Saraikeila in Compensation Case No. 44 of 2003. The claimants, who are the widow and two minor sons, filed Compensation case for grant of compensation to the tune of Rs. 3,00,000/ - for the death of deceased, Surendra Mahto, who died in a motor vehicle accident.

(3.) FIRSTLY the Tribunal has committed serious error of law in holding that in absence of any documentary evidence notional income has to be taken. The Tribunal has further committed error of law in holding that 'it is settled principle that when no document has been produced regarding the income of the deceased then the Court should compute the compensation amount on the basis of notional income.' The correct law is that the notional income as provided in Schedule I appended to the Act is that when no evidence is led with regard to the income of the deceased and in case of death of a non -earning member the principle of notional income shall apply. Here in the instant case the evidence was led by the claimants' witnesses that the deceased was a Assistant Motor operator and his earning was Rs. 2500/ - per month. No contradictory evidence has been adduced either by the owner or by the insurer of the bus. In that situation, the Tribunal had no option but to accept that the deceased was an earning member.