KANAN BORDOLOI Vs. BALWANT RAI MUKKAR AND ORS.

JUDGEMENT

(1.) THESE two appeals raise two points and arise out of a claim for compensation by the widow of Khagendra Nath who had died in a motor accident on 23.9.71. The claim was on behalf of herself and two minor children aged 6 and 4 years. The learned Motor Accidents Claims Tribunal has awarded a sum of Rs. 78,000/ - as compensation and has made the insurer also liable for the entire amount.

(2.) M .A. (F) 39/77 is by the insurer who contends principally that under the law and the contract, it could not have been asked to pay the entire amount, at best its liability extended upto a sum of Rs. 50,000/ -. M.A. (F) 6/78 is by the claimant and her contention relates to the quantum of compensation.

(3.) IN so far as deduction of 40 per cent is concerned, there is some force in the submission because the deceased was maintaining from his income only his wife and two minor children. As such, if we take the dependants as two adults, the reasonable deduction on account of the maintenance of the deceased himself should have been around 33 per cent. But then, while arriving at the figure of Rs. 1,30,000/ - the learned Tribunal has not given any margin for uncertainty of life. So, if the amount awarded is enhanced on account of larger deduction, something has to be sliced -off for uncertainty of life. Ultimately, there would not be much difference and we would be coming around the figure of Rs. 78,000/ -.