CHANDESHWARI PRASAD Vs. ORIENTAL INSURANCE COMPANY

JUDGEMENT

(1.) THE appellants have filed this miscellaneous appeal against the order, dated 23rd February, 1993, passed by 5th Additional District Judge -cum -Presiding Officer, Motor Accident Claims Tribunal, Nalanda at Bihar -sharif, in Claim Case No. 11 of 1990 whereby the learned Additional District Judge had ordered to pay the Oriental Insurance Company and the owner of the truck Rs. 78,650/ - to applicant no. 2, Siya Devi, the mother of the deceased, besides Rs. 25,000/ - already paid to the applicants. The Claims Tribunal had calculated the total amount payable to applicant Siya Devi as Rs. 01,03,650/ -.

(2.) THE claimants have claimed compensation of Rs. 09,10,800/ - on account of death of Jai Prakash Narayan in the accident.

(3.) ACCORDING to the appellant, the Claims Tribunal had not properly considered the oral and documentary evidence and fixed the earning of the deceased at the rate of Rs. 700/ - per month and allowed only Rs. 01,38,200/ -as compensation award and deducted 25 per cent of it, i.e., Rs. 34,550/ -, on account of lump sum payment. Thus, the amount payable to the applicant no. 2, Siya Devi, was Rs. 01,03,650/ - only.