RUBY DEVI Vs. MD. NASIM KHAN

JUDGEMENT

(1.) THIS is an appeal preferred against the Judgment dated 21st January, 2009 and Award dated 29th January, 2009 passed in Claim Case No. 245 of 2004 by 5 th Additional District Judge -Cum- Motor Vehicle Accident Claims Tribunal, Muzaffarpur, awarding a sum of Rs. 84,750/- only as compensation against death of deceased, namely, Vijay Bhuyiya, who met with an accident on 01 st February, 2001 while going towards Ramgarh from Giddi by a motorcycle, bearing Registration No. B.R. - 14F/8049 with which another motorcycle, bearing Registration No. B.R. - 13C/3269 coming from opposite direction was dashed resulting into death of the deceased.

(2.) ADMITTEDLY , the amount, so awarded, has already been paid to the claimants-appellants after deducting the award passed and paid under Section 140 of the Motor Vehicles Act (hereinafter referred to as 'the Act') and the main grievance against the impugned judgment is that instead of 1/4th of the income of the deceased, 1/3rd has been deducted as his personal expenditure and his income in spite of evidence of employer has erroneously been disbelieved and that apart on the ground of contributory negligence substantial amount has also been deducted.

(3.) ADMITTEDLY , Giddi Police Station Case No. 7 of 2001 was instituted relating to an accident and as required under Rule 226 of the Bihar Motor Vehicles Claim Tribunal Rules (hereinafter referred to as 'the Rules'), the claimants have filed its certified copy which is on record, as Exhibit ­ 3, which indicates that the driver of one of the two motorcycles collided, sustained severe injuries and ultimately died. As a matter of fact, he was none else than the deceased, Vijay Bhuyiya, since out of the four injured persons, he is the only person dead.