UMA DEVI Vs. DIVISIONAL MANAGER

JUDGEMENT

(1.) WITH consent of the parties, this appeal has been heard for final disposal at this stage.

(2.) . The appeal is directed against the judgment and award passed in Motor Vehicle Accident Claim Case No. 20 of 1994 by the District Judge, Katihar, whereby a total compensation amount of Rs. 72,000/ - besides interest at the rate of 12% per annum from the date of filing the claim petition has been awarded in favour of the claimant. The cIaimant -Uma Devi filed claim case on account of death of her son in an accident while travelling in Bus bearing No. BRK 2695 coming from Purnea to Katihar. According to the case of the claimant, the deceased was tailor master and his earning was Rs. 1500/ - per month. She also claimed that deceased was a student. Accordingly, she claimed compensation of Rs. six lacs.

(3.) . Mr. Ashok Priyadarshi, learned counsel appearing for the Respondent -Insurance Company has contended that the accident took place on 4.6.1994, whereas second schedule was incorporated on 10th September, 1994. Thus, according to him, the Tribunal has rightly awarded compensation on the basis of determination of the earning of the deceased as a daily rated worker.