KRANTI DEVI Vs. NATIONAL INSURANCE COMPANY LTD.

JUDGEMENT

(1.) Re.:-Interlocutory Application No. 7046 of 2015

(2.) This is a Miscellaneous Appeal under Section 173 of the Motor Vehicles Act, 1988 for enhancement of compensation awarded.

(3.) This is the claimants appeal for enhancement of compensation awarded by the Additional Motor Accident Claim Tribunal, Adhoc-III, Gaya in Claim No. 2 of 201 The claimants are the wife, minor children and widowed mother of the deceased Bodhan Manjhi @ Satish Manjhi who died in the road accident in question on 26.09.2012 claiming that the deceased was working as a Raj Mistri (mason) with the A.W. 3 was aged 30 years and looking to the size of the family dependent upon him, the claim in question was filed claiming compensation of rupees 20 lacs along with the interest. Based on the oral evidence came on record and after holding that neither the employer A.W. 3 nor his wife A.W. 2 have produced any documentary evidence to show that the claimant was a Raj Mistry(mason) earning Rs. 300/- per day, learned Court below held that the claimant is an unskilled labour and based on the Minimum Wages Act notified under the Minimum Wages Act assessed his earning at Rs. 151 per day and thereafter applying the multiplier of 17 looking to the age of the claimant at 30 after deducting ? of his personal expenses, assessed the compensation at Rs. 4,91,936./- to be paid along with simple interest of 8 per cent per annum from the date of compensation assessed. Various other amounts granted towards funeral expenses of Rs. 5000/- and loss of estate Rs. 2000/- and a sum of Rs. 50,000/- paid by way of an interim award, has been deducted.