BENOY PROSAD SANYAL Vs. SWARNALATA BANERJEE

JUDGEMENT

(1.) THIS appeal at the instance of the insurance company and the taxi owner arises out of an accident occurred within the Amherst St. Police Station which caused death of Raghunath Banerjee of 33, Simla Road. A claim petition was filed before the Motor Accidents Claims Tribunal which came to a finding after the hearing of the matter that a sum of Rs. 38,000/ - should be compensation to be paid to the mother of the deceased Raghunath Banerjee. Hence the appeal was filed by the owner of the taxi and the insurer.

(2.) MR . Majumdar appearing on behalf of the Appellant insurance company, contended that the fixation of Rs. 38,000/ - was arbitrary. In our opinion, that is not so. It appears on the finding of the learned Judge that Raghunath was earning about Rs. 400/ - per month as he was an owner of a stationery shop and he also got credit from the Bank for Rs. 4,000/ - which could not be repaid. Mr. Majumdar contended that Swarnalata, mother of the deceased, could not say about her age. It appears clear to us that she was about 40 at the time of the accident. Taking the average life being 55 years and she being dependent on the deceased son she ought to have got maintenance from her son to the extent of Rs. 75,000/ - for acceleration of payment half should be deducted which comes to about Rs. 38,000/ - which has been allowed by the Motor Accidents Claims Tribunal.