TARA KAKATI Vs. ORIENTAL INSURANCE COMPANY LIMITED

JUDGEMENT

(1.) Leave granted.

(2.) This appeal is by the mother and two sisters of the deceased Kanak kakati who died as a result of an accident caused by a bus belonging to the respondent Surendra Nath Choudhury. The insurance company is the respondent in the appeal. The Motor Accident Claims Tribunal, Nalbari, came to the conclusion that the accident took place because of the negligence of the bus driver. The Tribunal estimated the average income of the deceased at Rs 510 and further came to the conclusion on the basis of the evidence that he used to give Rs 300 per month to his mother. The deceased was a bachelor. Adopting the multiplier of 20, the Tribunal awarded Rs 70,000 as compensation to the mother, and adding another sum of Rs 5000 a total of rs 77,000 was awarded to the mother. The Tribunal also awarded Rs 5000 each to the two sisters. The Tribunal declined to award any interest. The high Court reduced the compensation awarded to the mother to Rs 36,000 and set aside the award so far as the sisters are concerned. The High Court interfered with the award of the Tribunal on the following reasoning:

(3.) We are of the view that the High Court fell into patent error in reaching the conclusion that the deceased could not have contributed Rs 300 per month to his mother for expenses. The Tribunal based its conclusion on the evidence produced before it. The High Court did not discuss the evidence and in a cryptic manner came to the conclusion that the contribution of rs 300 per month could not have been made. The High Court further fell into patent error in reaching the conclusion that since the sisters were not the heirs, they were not entitled to compensation. The mother being a widow and the sisters being unmarried, the deceased was performing his duties towards his family.