KANAKA GHADEI Vs. SANTOSH KUMAR MISHRA

JUDGEMENT

(1.) THIS is an appeal by the claimants claiming higher compensation. The claimant -appellants are the daughter -in -law and son of deceased Banchhanidhi Ghadei. It was alleged that the aforesaid Banchhanidhi Ghadei died in a motor accident caused due to negligent driving of the driver of the vehicle. A sum of Rs. 50,000/ - was claimed as compensation. The owner did not contest the case. The Insurance Company, however, contested the case on merit and denied the allegations made in the claim application. The Tribunal on consideration of the materials on record found that the deceased died on account of the motor accident and the accident was caused due to rash and negligent driving of the driver. The Tribunal directed for payment of Rs. 20,000/ - as compensation. The present appeal has been filed by the claimants claiming higher compensation. No appeal or cross -objection has been filed either by the owner or the Insurer. In the absence of such challenge, the finding of the Tribunal to the effect that the death was caused due to negligent driving of the driver has become final. The only question that remains to be considered is as to whether the claimants are entitled to higher compensation.

(2.) IN the present case, the Tribunal found that the deceased was earning about Rs. 1200/ - per month. The Tribunal calculated Rs. 250/ - to be the monthly contribution so far as the claimants are concerned and assessing the age of the deceased to be 60 years, applied the multiplier of 8. Out of the amount of Rs. 25,000/ - so calculated, the Tribunal further deducted a sum of Rs. 5,000/ - towards lump sum payment.

(3.) SUBJECT to the aforesaid direction, the Misc. Appeal is allowed in part. There will be no order as to costs.