JYOTSNA DEY Vs. STATE OF ASSAM

JUDGEMENT

(1.) On 21.10.1973 an Assam Government truck bearing registration number ASK 4990 fatally knocked down one Kalipad Dev. He left behind his widow and two minor children who filed a claim for compensation under the Motor Vehicles Act asking for Rs. 1,20,000.00 by pleading that the deceased had a monthly income of Rs. 400.00 from his cycle repairing shop and confectionery shop and that he was aged 40 and would have lived upto the age of 70.

(2.) On the basis of evidence placed before the Tribunal, it found that the victim was 45 years old at the time of death, his contribution to the family was about Rs. 150.00 per month and life expectancy was 60. It awarded compensation of Rs. 25,000.00.

(3.) The claimants preferred an appeal asking for escalation of compensation. The High Court reassessed the evidence but affirmed the Tribunal's findings that the deceased was 45 and his contribution to his family was at the rate of Rs. 150.00 per month. It, however, held that the life span was upto 65 and calculating shortfall of life to be 20 years as a direct consequence of the accident, it calculated the amount to be Rs. 36,000.00 and allowed a cut of Rs. 10,000.00 and fixed the compensation at Rs. 25,200.00 resulting in enhancement of the compensation by Rs. 200.00 in all.