NATIONAL INSURANCE CO LTD Vs. KUMARI ANUPMA

JUDGEMENT

(1.) HEARD the parties and with their consent this appeal is disposed of under ORDER :41, Rule 11 of the Code of Civil Procedure.

(2.) ON 27.9.1995 Dr. Sunil Kumar Rajhans, aged about 28 years, while travelling on bus, bearing registration no. BR 20C 6661 from Bhagalpur to Bokaro, died when the said bus met an accident and fell into the paddy field.

(3.) HIS widow and minor son filed Claim Case No. 4 of 1996 for compenstion under the Motor Vehicles Act, 1988. The tribunal, on the basis of materials on record, found that accident took place, due to rash and negligent driving and Dr. Sunil Kumar Rajhans lost his life therein. The deceased had completed internship and Junior House surgeonship and he was doing housemanship in Paediatrics and was getting stipend of Rs.2000/ - per month. It is said that the deceased was also earning for working in the Chambers/clinic of C.Ws. 2 to 5 as Assistant. However, the tribunal estimated his gross monthly income at Rs.5000/ - and after deducting 1/3rd thereof calculated annual dependency at Rs.39,600/ - (Rs.3300 x 12) and used 18 multiplier (Rs.39,600.00 x 18 = 7,12,800/ -). The tribunal also granted additional compensation of Rs.9500/ - (Rs.2000.00 for funeral expenses plus Rs.5000/ - for loss of consortium, plus Rs.2500.00 for loss of estate). Total amount of compensation came to Rs.7,22,300/ -.