SHARDA DEVI NAIDU Vs. SUKHVINDER KAUR GHAI

JUDGEMENT

(1.) HEARD both the counsel.

(2.) THE claimants in Claim Case No. 60/1997 on the file of the 3rd Additional Motor Accidents Claims Tribunal, Raipur, have filed this appeal being aggrieved by the award passed by the said tribunal. On 31-1-1997 at about 4.15 p.m. when the deceased riding his bicycle in Raipur-Bilaspur road, a truck driven in a rash and negligent manner by its driver came from behind and dashed against the cycle, with the result the deceased was thrown out and he died on the spot. The accident took place at a place called Bhanpuri. Actually, this accident was witnessed by one Krishna Sahu, AW-2. The wife and children (three daughters and two sons) filed a claim case claiming a compensation of Rs. 17,00,000/-. The tribunal after considering the evidence let in by both the parties came to the conclusion that just and proper compensation can be fixed at Rs. 96,000/- only. The present appeal has been filed before this Court to fix the compensation amount at Rs. 3,62,000/- as against the amount fixed by the tribunal namely Rs. 96,000/-.

(3.) AS far as the earning of the victim is concerned, it is claimed in the claim petition that the deceased was running a scooter repair shop and earning somewhere between Rs. 200/- to 250/- per day. Widow of the victim has also deposed to the same effect before the Court. In fact in the cross examination a question was put to her by the respondents to the effect that the deceased was earning only between Rs. 100/- and 150/- per day and that had been denied. Even assuming that what was suggested to her is true then on an average it can be taken that the deceased was earning about Rs. 125/- per day. Even if the deceased worked for 26 days in a month, then he would have earned Rs. 3,250/- per month. In fact in the memorandum of grounds of appeal, a specific ground has been taken to the effect that at the relevant time the deceased was earning Rs. 3,000/- per month and that the dependency should be estimated at Rs. 2,000/- per month i.e. Rs. 24,000/- per year.