In the High Court At Calcutta

CIVIL APPELLATE JURISDICTION

CIRCUIT BENCH AT JALPAIGURI

APPELLATE SIDE

Present:

The Hon’ble Justice Debangsu Basak

FMA/57/2024

LALCHAN @ NAL BARMAN AND ANR

VS

UNITED INDIA INSURANCE COMPANY LTD. AND ANR

For the Appellants :Mr. Gobinda Saha, Advocate

Mr. Tamal Kr. Sen, Advocate

Ms. Priyanka Dey, Advocate

Mr. Milan Ch. Laskar, Advocate

For the Respondents :Mr. Prasupati Nath, Advocate

Heard & Judgment on: January 8, 2026

Debangsu Basak, J.

1. Appeal is at the behest of the claimants and directed against the

Award dated August 12, 2024 passed by the Motor Claims Tribunal in MAC Case No. 141 of 2022 under Section 166 of the Motor

Vehicles Act, 1988.

2. Learned advocate appearing for the appellants submits that, the

monthly income of the deceased should be taken as Rs.6000/- instead of Rs.5,000/- per month. He submits that, the deceased was a student and a private tutor. Claimants disclosed a monthly income of Rs.9,000/- per month, although documentary evidence was not produced. He relies upon (2014) 2 SCC 735 [Syed

Sadiq & Ors. vs. Divisional Manager, United India Insurance Company Limited] in support of the proposition that, even in the absence of the documentary evidence, C