JUDGEMENT
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(1.) WHILE considering the appellants' application for
payment of just compensation, we were requested by the
learned advocates of both the parties to dispose of the appeal
itself on merit after hearing them. Accordingly, the appeal itself
is taken up for hearing.
(2.) SINCE the owner of the offending vehicle did not contest the claim case before the Tribunal, requirement of service of
notice of appeal upon the owner of the offending vehicle is
dispensed with on the prayer of the learned advocate
appearing for the appellants. Thus, the appeal is treated as
ready as regards service upon the respondents.
This appeal is directed against the judgement and/or award dated 30th June, 2010 passed by the learned Motor
Accident Claims Tribunal, 2nd Court Court, Asansol in M.A.C.
Case No. 67 of 2008 (105/2007) at the instance of the
claimants/appellants.
(3.) HERE is the case where we find that a housewife died in a motor accident occurred on 2nd February, 2007. As such an
application under Section 163A of the Motor Vehicles Act was
filed by the claimants who are the dependant heirs and legal
representatives of the deceased.
Since the claimants failed to produce any documentary
evidence in support of their claim regarding the victim's
income, the learned Tribunal calculated the compensation
amount payable to them by accepting the notional income of
the deceased as Rs.15,000/- per annum.;
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