PRAMOD CHERWA Vs. AMIT SHARMA

JUDGEMENT

(1.) LEARNED Counsel for the appellants is heard on admission.

(2.) THIS is claimants' appeal for enhancement of the compensation awarded by the Motor Accident Claims Tribunal, Korea, District Baikunthpur (for short 'the Tribunal') vide award dated 18-9-2008, passed in Motor Claim Case No. 40/2006.

(3.) THE claimants further pleaded that deceased Santosh was aged about 18 years and used to earn Rs. 6,000/- per month as Carpenter. THE Tribunal on a close scrutiny of the evidence led by the parties held that the deceased Santosh died on account of the injuries sustained by him in the motor accident on 19-12-2005; the accident occurred due to rash and negligent driving of the driver of the offending vehicle Tata Spacio; as the offending vehicle Tata Spacio on the date of the accident was insured with the New India Insurance Company Limited, the Insurance Company was liable to pay compensation to the claimants. THE Tribunal assessed the income of the deceased at Rs. 150/- per day, Rs. 4,500/- per month and Rs. 54,000/- per annum. By deducting 2/3rd of Rs. 54,000/- towards the personal expenses of the deceased, the claimants' dependency was assessed at Rs. 18,000/- per annum. By multiplying the annual dependency of Rs. 18,000/- with the multiplier of 10, the compensation was worked out to Rs. 1,80,000/-. By awarding further sum of Rs. 14,500/- under other heads, the Tribunal awarded a total sum of Rs. 1,94,500/- as compensation to the claimants for the death of deceased Santosh in the motor accident.