LAXMI RANI TRIPURA Vs. PRADIP CHAKRABORTY

JUDGEMENT

(1.) This appeal for enhancement of compensation by the claimants is directed against the award dated 14.07.2011 passed by the learned Motor Accident Claims Tribunal, South Tripura, Udaipur awarding a sum of Rs.3,12,000/- in favour of the claimants.

(2.) The admitted facts are that the deceased who was 53 years old left behind 3 major sons and the widow. The learned Tribunal assessed the income of the deceased at Rs.3,000/- per month deducted one-forth for the personal expenses of the deceased and accordingly, awarded compensation of Rs.3,12,000/- along with interest @ 6% per annum from the date of restoration of the case i.e. 01.09.2010. The accident took place on 11.03.2009. Thereafter, the claim petition was filed by the claimants.

(3.) There are only two questions which arise. The first is what was the income of the deceased. According to the son, who appeared in the witness box, the income of the deceased was Rs.6,000/- per month as used to run a rice mill. The deceased was aged 53 years old. The accident took place in the year 2009 and the learned Tribunal assessed the income at Rs.100/- per day. I am of the view that this is very much of the lower side. Even if the deceased was a labourer in the year 2009, his income would not be less than Rs.150/- per day or Rs.4,500/- per month.