KALAWATI DEVI Vs. UMESH YADAV

JUDGEMENT

(1.) THIS appeal is directed against the order dated 7.3.2002 passed by the 3rd Addl. District Judge cum Motor Vehicle Claims Tribunal, Bhagalpur in Claim Case No. 1/99 whereunder it has refused to award any compensation to the appellants except Rs. 5000.00 as loss of estate.

(2.) HEARD both the sides.

(3.) LEARNED counsel for the appellants submitted that the impugned order cannot be sustained. The Tribunal was wrong in holding that the appellants did not suffer any loss on account of death of the deceased. Even if the shop is being run and income from the shop is as before, that does not mean that the appellants did not suffer loss on account of death of the deceased. He further submitted that there is evidence that the deceased was earning Rs, 3,000.00 per month and was aged about 25 years. Therefore, the Tribunal should have calculated the compensation on that basis and if the Tribunal was of the opinion that the deceased had no income, it should have calculated the compensation taking the national income at the rate of Rs. 15,000/ -per annum as provided in Schedule II of the Act. In support of his submissions he relied on the decisions of this Court in the case of Bibi Roshan Ara V/s. Kedar Prasad Agrawal & Ors., reported in 2002(3) PLJR 741.