IN THE HIGH COURT OF JUDICATURE AT PATNA MA No.197 of 2009 TUNTUN KUMAR CHAURASIYA Versus ORIENTAL INSURANCE CO.LTD & ANR ----------- 2 6/5/2009 Heard counsel for the appellant. The impugned judgment awarding compensation to the tune of Rs. 1,90,000/- for a of permanent disablement of the appellant has been questioned by him in this appeal only on two grounds, namely, that the court below has committed error in discarding the evidence of appellant on income of the appellant which was Rs. 5,000/- per month as also by holding him to be partly liable for the said accident. Counsel for the appellant could not point out any documentary evidence with regard to income of the appellant who is said to have his independent business as Hawker. True it is that some of the witnesses in their oral evidence have stated about income of the appellant of Rs. 5,000/- per month, but not a chit of paper was filed to show that the appellant had income of Rs.5,000/- per month. I n the relevant year 2004 sum of Rs.5,000/- from business was taxable income and therefore tax return filed by the appellant could have been best proof of the same. That however also had not been produced before the court below, i.e, the Tribunal. The oral evidence, therefore, will have hardly any bearing on the issue of income. That being so, the first issued as with regard to income as has been argued by counsel for the appellant must be and is 2 hereby rejected. The second and last submission with regard to contributory negligence can also not be questioned by the appellant, inasmuch as, the court below has come to a positive finding that the appellant was driving the motorcycle without license. The motorcycle admittedly belongs to the appellant and in these circumstances if the court below having drawn adverse inference for not producing driving license by the appellant has held the case to be one covered by the principles of contributory negligence much can not be said by the appellant even on this aspect. It is in fact a matter of appreciation of evidence and the Tribunal has not committed any error in the same. On the issue of quantum of compensation for permanent disablement, this Court has found that a sum of Rs.1,90,000/- is even otherwise sufficient specially when the accident in question had taken place from a motorcycle being driven by the appellant without licence. That being so, this Court would not find any merit in this appeal. It is, accordingly, dismissed. Abhay Kumar (Mihir Kumar Jha, J.)