- (1.) This appeal has been preferred by the claimant-appellants for enhancement of compensation awarded by the Motor Accident Claims Tribunal, Ranchi in Compensation Case No. 88 of 2004. Since the parties are not on other issues except quantum of compensation, we are taking up the said issue and heard the Counsel appearing for the parties.
(2.) Mr. Ashutosh Anand, learned Counsel appearing for the claimant-appellants, submits that the deceased was aged about 25 years and evidence was led to the effect that the deceased was earning Rs. 3,000 per month. But the Tribunal erroneously took the notional income of Rs. 15,000 and assessed compensation at Rs. 1,60,000. Holding that it is a case of contributory negligence 20% of the compensation amount was deducted and finally a sum of Rs. 1,28,000 was awarded. Mr. Anand submitted that having regard to the evidence adduced by the claimant-appellants, they are entitled to get compensation of Rs. 2,50,000 together with interest awarded by the Tribunal.
(3.) Mr. D.C. Ghose, learned Counsel appearing for the Insurance Company on the other hand submitted that since no documentary evidence was filed by the claimants, the Tribunal has rightly took the notional income and assessed the compensation.;