- (1.) HEARD the learned counsel appearing for the parties. This appeal by the claimants who are the widow, widowed mother and two minor children has been filed for enhancement of compensation awarded by Motor Accident Claims Tribunal, Dumka in Title Claim Suit No. 38 of 1999.
(2.) THE facts which are not in dispute are that the deceased, aged about 35 years, was in the employment of Rahul Tent House. While he was traveling with the goods of Rahul Tent House in a vehicle it met with an accident causing death of the deceased. The claimants claimed the compensation of Rs. 6,50,000/ -. The respondent -Insurance Company contested the case by filing Written Statement stating, inter alia, that the deceased himself was negligent while traveling in the said vehicle and because of his negligence, he fell down and succumbed to the injuries.
(3.) ACCORDING to the claimants -appellants the deceased was employed in the said Rahul Tent House and was getting a salary of Rs. 3500/ - per month. Evidence to that effect was led by the claimants by examining witnesses and also by filing documentary evidence issued by the employer, Rahul Tent House, certifying the monthly salary which was paid to the deceased. However, the Tribunal disbelieved the evidence on the issue of income of the deceased and came to the conclusion that the net amount of compensation assessable is Rs. 3,40,000/ -. Out of the aforesaid amount 50 % was deducted on account of the contributory negligence and finally the Tribunal hold that the compensation payable to the claimants would be Rs. 1,70,000/ -.;