MIRARANI PATI Vs. GORG ENTERPRISES

JUDGEMENT

(1.) The dependents of Pabitra Mohan Pati, who lost his life in an accident on 31-6-1985 have moved this Court for interference with the quantum of compensation awarded by the Second Motor Accidents Claims Tribunal, Cuttack (in short 'the Tribunal').

(2.) The case of the claimants is that on the fateful day, while the deceased was going towards Bhubaneswar in a motor-cycle, the offending car bearing registration No. BPA 7400, which was driven in a rash and negligent manner, dashed against his motor-cycle as a result of which he fell down and was run over by the offending car. Death was stated to be instantaneous. It was pleaded that in addition to a monthly salary of Rs. 1600/. which the deceased was getting as Manager of Lily Textiles and dyeing Industries, he had additional income by effecting order supplies, and his monthly contribution to his family was Rs. 2,000 / - per month. Both the owner of the offending vehicle, and the Oriental Insurance Company Limited (hereinafter referred to as 'the insurer') contested the claim. Their plea was a complete denial of the accident as pleaded. It was, however, accepted that the offending vehicle was insured with the insurer. Five witnesses were examined to countenance the claim of the claimants and several documents in support of the income as claimed were also exhibited.

(3.) The Tribunal on consideration of the materials placed came to hold that the deceased was about 29 years of age at the time of accident; his monthly income was Rs. 1600 / - per month and his contribution to the family was Rs. 1,000/ - per month. Considering the age of the deceased, the Tribunal applied a multiplier of 15 times to assess the compensation and awarded a sum of Rupees 1,80,000 / -.