well as the examination-in-chief and cross-examination of Abhishek
Khopkar (AW2), I am in agreement with the findings of the Tribunal in
arriving at the average monthly salary of the deceased at Rs.19,000/-
per month. The claimants have proved the salary slips of the deceased
for the month of April, May and June 2014 issued by Convergys as well
as the Form 16 for the Assessment year 2013-14 issued by Convergys to
the deceased. No objection was raised by the Insurance Company at the
time of the evidence nor any material has been brought on record to
disprove these documents nor anything to demonstrate that these
documents were not satisfactory enough or insufficient or inadequate
to come to a finding that the average monthly salary of the deceased
could not be Rs.19,000/-. The Tribunal has categorically recorded in
the order that on behalf of the Insurance Company, no evidence was
adduced, inspite of granting sufficient time, and therefore, on 24th June
2019, evidence of the insurer or the Appellant came to be closed. In
my view, no fault can be found with the approach of the Tribunal. The
Tribunal has, on the basis of documentary evidence consisting of
certified copy of FIR, Spot Panchnama, Inquest Panchnama, postmortem
report, Insurance policy, appointment letter of the deceased, salary slips
for the months of April to June 2014, Form 16 for the Assessment year