STATE OF U.P. THRU ASSTT. COMM. MOBILE SQUAD II AND ANOTHER Vs. SMT. UMA DEVI AND ANOTHER
LAWS(ALL)-2018-4-552
HIGH COURT OF ALLAHABAD
Decided on April 05,2018

State Of U.P. Thru Asstt. Comm. Mobile Squad Ii And Another Appellant
VERSUS
Smt. Uma Devi And Another Respondents

JUDGEMENT

PANKAJ MITHAL,J. - (1.) The appeal has been preferred against the award dated 2.4.2016 of the Motor Accident Claims Tribunal whereby a sum of Rs. 13,92,000/- has been awarded to the claimants with 7% simple interest from the date of filing of the claim petition till its payments.
(2.) The only argument raised by learned Standing counsel so as to challenge the validity of the aforesaid award is that the tribunal has manifestly erred in taking Rs.9,000/- per month as the income of the deceased in the absence of any documentary evidence to prove the same as the basis for determining the compensation.
(3.) The deceased was a Software Engineer in Electronic Communication. In respect of his aforesaid qualification his mark sheets were brought on record. It was stated that he was working in PINC Packaging Private Limited, Hardwar, Uttarakhand and was drawing a salary of Rs. 30,000/- but we find that no such evidence was adduced to prove his income. The tribunal therefore on the basis of his technical qualification possessed by the deceased held that he could have easily earned Rs. 9,000/- per month took it to be his notional income for the purposes of determining the compensation.;


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