HELEN DEB Vs. DILIP DEY AND ANOTHER

JUDGEMENT

(1.) Heard Mr. P.R. Barman, learned counsel for the appellant and Mr. A. Gan Chowdhury, learned counsel for the respondent-New India Assurance Co. Ltd. and Mr. R. Dutta, learned counsel for the respondent-owner.

(2.) This appeal is directed against the judgment and award, dated 19-6-1998 passed by learned Member, Motor Accident Claims Tribunal, West Tripura, Agartala awarding an amount of Rs. 1,34,000 in all with an interest @ Rs. 12 per cent per annum from the date of filing of the claim petition in favour of the mother-petitioner. Having been aggrieved by the inadequacy of the award, this appeal has been preferred for enhancement.

(3.) Briefly stated, the facts leading to the present proceeding is that the deceased Rajib Deb was the son of the petitioner who died in a motor accident at the prime age of only 22. During the proceedings before the Tribunal, the mothers as well as the other witnesses were examined and she claimed that he was a mason and earning Rs. 60 per day, which was supported by PW2. The accident has not been denied. The only contention put forward by the respondents was that the deceased was not earning Rs. 60 per day and that there was a contributory negligence on the part of the deceased.