SAMARESH BANERJEA, J. - (1.) THE present appeal has been preferred by the claimant against the judgment and award dated 16th August, 2000 passed by the Motor Accident Claims Tribunal, Alipore, 24 Pgs. (South) in MAC Case No. 70/ 97.
(2.) BY the impugned judgment and award, the learned Judge allowed the application of the claimant under Section 166 of the Motor Vehicles Act and awarded a sum of Rs. 44,100/- towards compensation to the claimant in addition to the sum of Rs. 50,000/- already paid under Section 140 of the Motor Vehicles Act. Being aggrieved of the amount of compensation awarded by the Tribunal, the present appeal has been preferred by the claimant. The contention of the appellant is that the claimant is entitled to the entire amount of compensation which has been claimed, namely, a sum of Rs. 1,50,000/-. But the Tribunal awarded the lesser amount of compensation because of the fact that the Tribunal wrongly rejected the evidence of the claimant as to the income of the deceased.
(3.) IT appears to us that admittedly evidence was adduced by the claimant that the victim who was a fish seller used to earn Rs. 3,000/- per month. Since in support of such evidence no such documentary evidence could be produced, the learned Judge was of the view that the claimant has not been able to prove such fact.;