JUDGMENT :

DEVASHIS BARUAH, J.

1. Heard Mr. H. Buragohain, the learned counsel appearing on behalf of the Appellant and Mr. S. Dutta, the learned Senior counsel assisted by Mr. A. Upamanyu, the learned counsel appearing on behalf of the Respondents.

2. The instant appeal is directed against the judgment and award dated 15.05.2019 passed in MAC Case No. 168/2017.

3. The primary grounds of objection on which the instant appeal has been based is on two grounds:

(I) The learned Tribunal erred in law as well as on facts in coming to a finding that the death of Late Nitul Medhi was on account of the rash and negligent manner of riding of the motor cycle bearing Registration No. AS-15/E-4251 inasmuch as the learned Trial Court did not appreciate the Exhibit-B to Exhibit-F which would show that the deceased met with an accident while riding his own motor cycle.

(II) The learned Tribunal while computing the just and reasonable compensation had failed to take into account that the income of the deceased was an income derived from a partnership business which continued after the death of the deceased and as such, the Claimants continued to earn benefits from the said business which was not taken in