DAMODAR SWAIN Vs. RAM KISHORE BAJPAYEE

JUDGEMENT

(1.) Being dissatisfied with the award passed in Misc. Case No.762 of 1994 by the learned Second Motor Accident Claims Tribunal, Cuttack on 12.1.2012, the claimant therein has preferred this appeal under Section 173 of the Motor Vehicles Act, 1988 (for short 'the Act').

(2.) The appellant-claimant filed the Misc. Case under Section 166 of the Act claiming compensation to the tune of Rs.3 lakhs on account of the death of his 24 year old son Manua @ Manoranjan @ Niroja Kumar Swain in a vehicular accident taking place on 24.9.1994 asserting that at the relevant time the deceased, a bachelor, was working as a Manager in Binapani Travels having monthly income of Rs.3,000/-. Respondent No.1, the legal heir of the registered owner, did not contest the case. Respondent No.2, the Insurance Company, however, contested the case denying the allegations made by the claimant. The contesting parties adduced evidence and on evaluation of the same, the learned Tribunal observed that the deceased's monthly income should be equal to that of an unskilled labourer at the relevant time. Accordingly, he fixed the monthly income at Rs.1,800/-. Deducting 50% of the income towards the deceased's personal and living expenses on the ground that he was a bachelor and adopting multiplier of 13 and further adding a sum of Rs.4,500/- towards funeral expenses as well as loss of estate, the learned Tribunal awarded a sum of Rs.1,44,900/- as compensation to be paid by the Insurance Company with 6% interest per annum on the award amount from the date of filing of the claim petition (excluding the period from 29.11.2000 to 30.10.2011).

(3.) The appeal is filed on the ground that the award passed is grossly inadequate and the claimant-appellant is entitled to get a sum of Rs.3 lakhs over and above the compensation awarded by the Tribunal, that the Tribunal has wrongly assessed the income of the deceased at Rs.1,800/- per month when the claimant has adduced evidence saying that it was Rs.3,000/- per month and that the rate of interest should have been 12% instead of 6% as awarded by the learned Tribunal.