CHANDRA BAHADUR CHETTRI Vs. KARNA MAYA PRADHAN

JUDGEMENT

(1.) The short question that falls for determination in this Appeal is;

(2.) Learned Senior Counsel for the Appellants while advancing his arguments, referred to Exhibit 8, the Income Certificate, dtd. 15/7/2020, issued by the BDO, Block Administrative Centre, Dentam, West Sikkim, certifying that late Bishnu Maya Chettri, daughter of Chandra Bahadur Chettri, had an income of Rs.50,500.00 (Rupees fifty thousand and five hundred) only, per month, from agriculture and business. That, despite the Certificate having been issued by the appropriate Authority who was duly empowered, the Learned MACT declined to accept it and proceeded to assess the victim's monthly income at Rs.25,000.00 (Rupees twenty five thousand) only, sans evidence. That the deceased owned two beauty parlours, was also an agriculturist and obtaining income from all three sources. Hence, the Judgment and Award of the Learned MACT be set aside and the compensation be computed in terms of the actual income of the deceased as revealed in Exhibit 8.

(3.) Learned Counsel for the Respondents No.2 and 3, (Insurance Company) contended that there is no error in the assessment of the income of the deceased by the Learned MACT as the statutes requires the compensation to be "just" and all powers of the Civil Courts are vested on the Learned MACT to take steps in this context. Learned Counsel for the Respondents No.1 and 4 put forth no submissions.