TLANTHANGA Vs. JUBAIR AHMED BARBHUIYA
LAWS(GAU)-2018-8-19
HIGH COURT OF GAUHATI
Decided on August 07,2018

Tlanthanga Appellant
VERSUS
Jubair Ahmed Barbhuiya Respondents

JUDGEMENT

Michael Zothankhuma, J. - (1.) Heard Mr. Johny L. Tochhawng, learned counsel for the appellants as well as Mr. Lalremtluanga, learned counsel for the Oriental Insurance Company Limited i.e., respondent No. 2. None appears for the respondent No. 1, even though notice has been served upon the respondent No. 1.
(2.) The appeal has been filed by the claimants against the Judgment & Award dated 23.02.2018 passed by the MACT Aizawl in MACT Case No. 64/2015, by which an amount of Rs. 7,07,600/- has been awarded as compensation along with interest @ 7% per annum from the date of filing the petition.
(3.) The appellants' counsel submits that the learned Tribunal did not award any amount of compensation for loss of love and affection. He also submits that as the deceased was looking after his wife, two minor children, parents and sister, the learned Tribunal should have deducted only 1/4th of his income as personal expenses and not 1/3rd. He also submits that the interest awarded by the learned Tribunal should be enhanced to 9% per annum. Lastly, the appellant's counsel submits that the appellant being a Butcher, earning approximately Rs. 1500/- per day, the learned Tribunal erred in fixing the monthly income of the deceased to be 3000/-. He submits that the appellant used to butcher domestic four legged animals, including pigs, everyday in the town of Vairengte, thereby earning approximately Rs. 37,500/- per month @ Rs. 1,500/- per day.;


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