JUDGMENT

MEENAKSHI MADAN RAI, J. - The Motor Accidents Claims Tribunal, West Sikkim, at Gyalshing (for short, "Learned Claims Tribunal"), settled three issues for determination in MACT Case No.06 of 2019 (Smt. Aita Maya Gurung and Others vs. Shri Ratna Kumar Pradhan and Others), in a Claim Petition filed by the Appellants, seeking compensation of Rs.29, 34, 800.00 (Rupees twenty nine lakhs, thirty four thousand and eighty) only, on account of the death of Ratna Man Gurung, husband of Appellants No.1 and 2 and father of Appellants No.3 and 4;

The issues settled for determination were;

(i) Whether the deceased was earning a monthly salary of Rs.23, 975.00 at the time of the accident and whether the claimants are entitled to the compensation as claimed in the petition (Onus on claimants).

(ii) Whether the documents of the vehicle as well as the driver were valid and effective at the time of accident (Onus on claimants and opposite parties).

(iii) Whether the claimants are entitled to relief(s).

2. While deciding issue no.1, the Learned Claims Tribunal concluded that the deceased was earning Rs.23, 975.00 (Rupees twenty three thousand, nine hundred and seventy five) only, at the time of