TRIBANI MAHTO Vs. MANJU MISHRA

JUDGEMENT

(1.) This miscellaneous appeal is directed against the judgment dated 29.4.1995 passed by the Addl. District Judge VII, Patna-cum-Claims Tribunal in Claim Case No. 45/13 of 1990/1993. The claimants of the aforesaid case have filed this appeal.

(2.) The claimants had filed the case in the Claims Tribunal on the allegation that on 4.4.1990 at 4 p.m. the son of Tribani Mahto was knocked down by a speeding truck bearing No. WMK 9345. The Tribunal, on the basis of the evidence adduced before it, granted a compensation amount of Rs. 50,000 to the father of the deceased and his other heirs. Rs. 25,000 were paid as. interim compensation. This compensation amount was directed to be paid by the insurance company which was opposite party No. 2 in the court below and interest at the rate of 12 per cent per annum was also allowed from the date of the application till realization.

(3.) It was submitted before me by the appellants' lawyer that the deceased boy was student of class VIII and he had a brilliant academic career and, therefore, claimants should have been allowed compensation amount at much higher rate than the same granted by the Tribunal. In this connection, it was further submitted that even if on the admitted case the deceased boy would be earning Rs. 35 per day as daily wage earner, his monthly income would be Rs. 1,050. This amount having been capitalised at the annual income it would be Rs. 12,600 and using multiplier theory of compensation, the amount of compensation would go much higher than the sum that was granted to the appellants. So, it was prayed that the compensation amount may be enhanced.