HADIBANDHU MOHANTY Vs. UTTARA DEVI AND ANR.

JUDGEMENT

(1.) THIS appeal under Section 110 -D of the Motor Vehicles Act, 1939 (in short 'the Act') has been preferred by the driver against the order awarding compensation of Rs. 15,000/ - to the claimant making him jointly and severally liable with the owner of the vehicle (Respondent No. 2).

(2.) THE facts, in short, in this case out of which the claim arises are as follows:

(3.) ON a careful consideration of the materials on record, the Tribunal rejected the theory of contributory negligence of the deceased and squarely blamed the Appellant for negligent driving of the vehicle causing the death of Jaswanta Das as a result of the accident. The Tribunal determined the loss to the family or. account of death of Jaswanta to be Rs. 5,400/ -per annum. Deducting one -third of the said amount to be the personal expenditure of the deceased, it held that Rs. 3,600/ - is the contribution of the deceased to the family. The family of the deceased having his parents and younger brother: the Tribunal calculated the share of the Petitioner Respondent No. 1 to be Rs. 1,200/ - per annum. Applying the principle of 15 times multiplier, it came to the conclusion that the claimant was entitled only to Rs. 18,000/ -. From out of that one -sixth was deducted towards the benefit of lump sum payment and the award was confined to Rs. 15,000/ -.