What proof they can lead except to lead oral evidence, remarked Supreme Court while enhancing the compensation awarded to the family of a carpenter who died in an accident.
The Motor Accidents Claims Tribunal assessed the income of the deceased at Rs.1,250 per month but since no positive proof of income was led, the income of Rs.15,000 per annum was taken as notional income. In appeal, the High Court accepted the income at Rs.3,000 per month. It was held that no proof of income has been produced to show that the deceased was alleged to be a carpenter.
Holding the income assessed by the High Court is on the lower side, the bench comprising Justice Deepak Gupta and Justice Aniruddha Bose observed
"We fail to understand what proof a carpenter can lead except to lead oral evidence. Keeping in view the fact that the accident took place in 2001 and the deceased was a carpenter, it would not be unjustified to assess his income at Rs.200/- per day. It is true that carpenter may not get work every day, hence, we assess the income at Rs.5000/- per month."
The bench then reassessed the total compensation to Rs.13,46,000.
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