RINKU DAS (DEBNATH) Vs. ARUN KANTI PAL

JUDGEMENT

(1.) Heard learned counsel for the parties for final disposal of the appeal.

(2.) Appeal is filed by the original claimants challenging an award dated 25.06.2018 passed by the Motor Accident Claims Tribunal, Gomati District, Udaipur in Case No. T.S. (MAC) 03 of 2016.

(3.) Short facts are that One Amiya Debnath, aged about 27 years was travelling on his motor cycle in the morning on 09.07.2015. At about 10.30 in the morning, a maruti van coming from the opposite direction collided with the motor cycle causing his death. His widow, two minor daughters and aged mother therefore filed the above noted claim petition seeking compensation of Rs.20,20,000/- from the owner and insurer of the vehicle involved in the accident. The Claims Tribunal held that the driver of the maruti van was solely negligent in causing the accident. In the context of computation of compensation, the claimants had claimed that the deceased was earning Rs.15,000/- per month from his rubber and fishery business. However, in the cross examination, the widow of the deceased admitted that her husband was working in the garden of other persons on monthly salary. She could not produce any evidence of his income. The Claims Tribunal therefore assessed his income at Rs.6,000/- per month, applied a multiplier of 17 considering age and deducted one-fourth for the personal expenditure of the deceased to come to the figure of Rs.9,18,000/- towards loss of dependency benefits. The Tribunal than added Rs.15,000/- towards loss of estates and another Rs.15,000/- for funeral expenses. To arrive at the total compensation of Rs.9,48,000/-, which would be paid to the claimants with interest @ 6% per annum from the date of the claim petition till payment.