DHRUVA KUMAR Vs. ANAND KUMAR

JUDGEMENT

(1.) THIS appeal is directed against the judgment dated 28.5.2005 and the Award passed on 8.6.2005 by the learned 8th Additional District Judge -cum -Motor Accident Claims Tribunal, Muzaffarpur in Claim Case No. 195/2003 by which the learned Tribunal has awarded a total sum of Rs. 1,32,000/ - to the appellants on account of death of their father Mahendra Singh in a motor vehicle accident caused by a bus bearing registration No. BR 06P -0116. This appeal has been filed for enhancement of the compensation amount.

(2.) THE case of the appellants is that their father Mahendra Singh on 19.6.2003, was dashed by the above bus driven by its driver rashly and negligently, as a result of which he died. His father was aged 48 years. He was an agriculturist and his monthly income was Rs. 2500/ - per month. The appellants claimed for a compensation of Rs. 2,90,000/ - under Section 166 of the Motor Vehicles Act (hereinafter referred to as the Act).

(3.) THE learned Tribunal after considering the evidence adduced came to the finding that the deceased had died in a motor vehicle accident caused by the above bus, and the driver of the bus was rash and negligent at that time. It also found that the deceased was aged about 48 years at the time of accident but as according to the learned Tribunal the appellants failed to prove that the deceased was earning Rs. 2500/ - per month it had assessed the monthly income on notional basis of Rs. 15000/ - per annum as given in Schedule II of the said Act and calculated the total loss of the dependency to be Rs. 1,30,000/ - and added Rs. 2000/ -as funeral expenses. It thus awarded a total sum of Rs. 1,32,000/ - as compensation to the appellants and as Rs. 50,000/ - had already been paid as interim compensation under Section 140 of the Act, the learned Tribunal directed the Insurer (respondent no. 2) to pay the remaining amount of Rs. 82,000/ - to the claimants with interest at the rate of 9% per annum with effect from the date of the filing of the application, within two months from the date of the award.