JYOTIRMAY BHATTACHARYA, J. - (1.) ON the prayer of Mr. Roy, learned advocate appearing for the claimants/appellants, leave is granted to the learned advocate -on -record of the appellants to correct the cause title of the memorandum of appeal for describing the name of the husband of the appellant no.2 accurately.
(2.) THIS first miscellaneous appeal is directed against the judgment and/or award passed by the learned Judge, Motor Accident Claims Tribunal, Hooghly on 24th November, 2008 in M.A.C.Case No.244 of 2006 at the instance of the appellants who were the applicants in the claim petition before the Learned Tribunal.
(3.) THE victim died in a motor accident due to rash and negligent driving of a vehicle bearing registration No. WB -25A/4804 on 23rd March, 2006. The victim was the owner of a tea stall. The claimants claimed that the victim used to earn a sum of Rs.2000/ - per month from the said tea stall. The victim was aged about 43 years at the time of his death. The Learned Tribunal while considering the claim case, disbelieved the income of the victim to the extent of Rs.2000/ - per month as no documentary evidence could be produced by the claimants in support of income of the said victim.;