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motor acccident fatal case

(Querist) 14 April 2009 This query is : Resolved 
hello, all respected experts,
i have lodged the fatal claim case in the case the fact was that the deceased was driving his cycle on that time from the bace side a st bus of gujarat state clashed with him and he died on the spot due to the tyre rolled on him.deceased was doing the business of cooking in the functions and mairrage and party i stated his monthly income 3500/- average which is excatly corect now i have no any documentary or oral evidence for the proof of it now matter is on the evidence now it come to my knowledge that gujarat highcourt held the income of house wife is also 3000/-monthly pls.provide such type of judgement for the support to my case
thank u in advance
N.K.Assumi (Expert) 14 April 2009
Dear Prakash,
Assessment of damages to compensate the claimants is beset with difficulties: You please refer to the case of "General Manager,Kerela State Transport Corporation,Travindrum Vs Susamma Thomas (Mrs) And Others: 1993-(004)-SCALE-0643-SC.
CORAM:G.N.Ray and M.N.Venkatachaliah.I am sure this case will meet all your requirements in the case.
Tribhuwan Pandey (Expert) 14 April 2009
Now it is settled law where the prove of the income is not available, in such cases the notional income would be presumed 36000/-pa (3000/- pm).
New India Assurance Co. Vs Smt. Kalpana
Civil Appeal No. 255/2007 decided on 17-01-2007 by Supreme Court
I do agree with my ld. friends.Thanx Mr. Pandey & Assumi for providing so helpful judgement.
Ashey (Expert) 14 April 2009
Thanx Mr. Pandey & Assumi for providing so helpful judgement
MANISH (Expert) 14 April 2009
Dear friend,
In your case, the income of the wife may not matter, however, she may claim for her husband's income before MACT. If he was working for Rs. 3500 p.m., then someone must have saw him working, and at some point of time, someone might have seen about him taking money from his employer. There might be someone whom he might have told at some point of time, that what his income is, i.e. Rs. 3500 p.m. The same may be taken as oral evidence, and his income as rs. 3500 may be shown before court.
Don't be panic, his wife may definitely get relief. Also claim u/s 140 of MV Act for getting an interim maintenance of Rs. 50,000.
M. PIRAVI PERUMAL (Expert) 14 April 2009

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