The High Court dismissed an appeal against a Motor Accident Claim Tribunal award. The court held that the Tribunal correctly fixed the deceased's income at Rs. 3,000/month without relying on a salary certificate, classifying the deceased as an unskilled labourer.
The appeal was dismissed without costs.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
Patna High Court MA No.997 of 2011 (9) dt.22-08-2016
IN THE HIGH COURT OF JUDICATURE AT PATNA
Miscellaneous Appeal No.997 of 2011
======================================================
Versus
.... .... Respondents
====================================================== Appearance : For the Appellant/s : Mr. Anil Kumar Saxena For the Respondent/s : Mr. Alok Kumar Shahi, Advocate Ms. Antra Sinha, Advocate
====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA MOHAN SHARMA ORAL ORDER
9 22-08-2016 The instant miscellaneous appeal has been filed for enhancement of compensation amount by the claimants being aggrieved and dissatisfied with the judgment dated 28th April, 2010 and award dated 17th May, 2010, passed in M.A.C.T. Case No. 46 of 2009 / 88 of 2009 by learned 2nd Additional District Judge-cum-Motor Vehicle Accident Claim Tribunal, Gaya on the ground that the learned Tribunal has not relied upon Ext. 1 which is the salary certificate of the deceased showing income of Rs.
Patna High Court MA No.997 of 2011 (9) dt.22-08-2016
3500/- per month besides Rs. 30 /- per day for diet. The deceased was working as cleaner and as such he should not be treated as unskilled labourer and on that ground enhancement has been sought to which the learned counsel for respondent no. 1 opposed by submitting that cleaner comes under the purview of unskilled labourer, author of Ext. 1 was not examined and there are contradictory statement regarding income of the deceased as pleaded in the claim application and further as adduced in oral evidence.
Having considered the submissions urged at the bar and going through the impugned judgment and award, I am of the considered view that the learned Tribunal after taking lenient view has fixed monthly income of the deceased at Rs. 3000/- per month fixing Rs. 100/- per day income though at the time of death the minimum wages of unskilled labourer was Rs. 89/- only. The learned Tribunal has not committed any error or irregularity in fixing the monthly income of the deceased and has rightly not relied upon Ext. 1.
In the result, finding no merit in this appeal, the same is hereby dismissed but under the circumstances without any costs.
(Jitendra Mohan Sharma, J)
avin/U T
1 issue framed by the court
Whether the compensation amount awarded by the Motor Vehicle Accident Claim Tribunal should be enhanced by relying on a salary certificate of the deceased.
Banita Devi Late Jitendra Malkar Bhagat and others
The Reliance General Insurance Company Limited and others
Jitendra Mohan Sharma
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
