KHIRA MEHER Vs. PRAKASH SHARMA

JUDGEMENT

(1.) In this appeal under section 173 of the Motor Vehicles Act, the claimants claim higher compensation. Claimant-appellant No. 1 is the widow of late Adi Meher, claimant-appellant Nos. 2 and 3 are their minor children and the claimant-appellant No. 4 is the mother of the deceased. It was claimed that the deceased died on 21.6.1993 on account of the fatal accident caused by the bus bearing No. ORS 8574 belonging to the present respondent No. 1. The deceased was aged 30 years at the time of death. It was claimed that he was earning between Rs. 2,500 and Rs. 3,000 per month from his tanning business. Claim application was filed claiming a compensation of Rs. 2,50,000.

(2.) Respondent No. 1 in his written statement while admitting about the accident, challenged the allegations relating to age, occupation and income of the deceased. He also claimed that since the vehicle was insured, the liability, if any, should be met by the insurance company. The insurance company (present respondent No. 2) while admitting about the existence of policy challenged about the dependency, income and compensation claimed by the claimants.

(3.) The Tribunal found that the deceased had died on account of the accident caused by the rash and negligent driving of the driver of the bus bearing No. ORS 8574 belonging to present respondent No. 1. It was further found that the deceased was 30 years' old. Calculating the monthly income of the deceased at Rs. 600 and contribution to the family at Rs. 400 and applying the multiplier of 12, the Claims Tribunal awarded a sum of Rs. 58,000. It is stated at the Bar that the said amount along with interest as directed by the Claims Tribunal has already been paid to the claimants who have filed the present appeal claiming further compensation of Rs. 1,92,000.