KARTIKA DAS Vs. DHURBA KUMAR PRADHAN

JUDGEMENT

(1.) THE owner of the mini -bus (ORS 7436) and his insurer have jointly filed this appeal against the award of compensation by the Tribunal under Section 110 -B of the Motor Vehicles Act (in short the Act') on the basis of the claims made by the respondents in an application under Section 110 -A of the Act.

(2.) ON 25 -8 -1981 at about 8.00 a.m. Indra Pradhan, father of the claimants -respondents and PW 3, their mother, were proceeding on a rickshaw towards Ainthapali from Sambalpur railway station to the house of their son -in -law. At that time, the mini -bus belonging to the owner -appellant No. 1 caused the accident resulting hi the death of Indra, the husband and fracture of leg of PW 3, his wife. In the claim petition, the two sons claimed compensation of Rs. 80,000/ - for death of Indra, their father and Rs. 20,000/ - for the injury sustained by their mother, PW 3. The Tribunal has awarded Rs. 45,000/ - as compensation for the death of Indra and Rs. 17,000/ - for the injury on PW 3.

(3.) COMING to the dispute relating to quantum of compensation, PW 3 stated that she was earning Rs. 7/ - to Rs. 8/ - per day before her accident and was not able to earn anything as a result of the injury. PW 2, her son -in -law, who is supposed to have full knowledge of the affairs of the father -in -law's family stated that PW 3 was earning about Rs. 5/ - per day. However, there is no clear proof of the same. As in the present occasion, the injured might be remaining absent from the place of her business giving rise to inability to sell vegetables. A guess were is thus permissible. The income of Rs. 5/ - per day is a fair estimate and the same would be available for 200 days a year. Thus, the annual income of PW 3 before injury is quantified arts. 1,000/ -.