BEBI GIRI Vs. NATIONAL INSURANCE CO. LIMITED

JUDGEMENT

(1.) Leave granted.

(2.) Heard learned counsel appearing for the appellant and the learned counsel appearing for the respondent. The appellant is the mother of one Amit Giri ('the deceased'). On 22/9/2011, when the deceased was travelling by auto rickshaw, a truck insured with the respondent -Insurer, gave a dash to the auto rickshaw. The deceased succumbed to the injuries sustained in the accident. Initially, a claim petition under Sec. 166 of the Motor Vehicles Act, 1966 was filed by the appellant and one Ashok, the father of the deceased, who died during the pendency of the claim petition.

(3.) The age of the deceased was about twenty-two years at the time of the accident. The Motor Accident Claims Tribunal (the Tribunal) proceeded on the basis that the income of the deceased was Rs.6,422.00 per month being the minimum wages payable at the relevant time. The Tribunal granted total compensation of Rs.7,14,448.00 with interest thereon at the rate of 9 per cent per annum. The appellant filed an appeal for enhancement before the High Court, which has been dismissed by the impugned judgment.