KAMALA DEVI Vs. RAM DAYAL SAH

JUDGEMENT

(1.) THIS appeal is directed against the judgment and award dated 3.5.2001 passed by Sri B.K. Rai. 3rd Additional District Judge -cum Motor Vehicles Accident Claims Tribunal, Dhanbad in Title and Motor Vehicle Suit No. 17/2000 whereby and whereunder the Insurance Company (Respondent No. 2) is directed to pay compensation to the claimants.

(2.) THE factum of the accident and insurance of the vehicle has not been denied and disputed. The only dispute is with regard to the quantum of compensation. The appellant, who was the claimant, is not satisfied with the amount of compensation awarded by the Tribunal.

(3.) THIS fact is admitted that the deceased was a hawker and was selling Gup -chap and other materials in Thela by moving around Dhanbad. If we consider the minimum wage of unskilled labourer, it would not be less than Rs. 100/ - per day. It appears that in absence of any contrary evidence, the petitioner must be held to be earning atleast Rs. 60 -70 per day. We, therefore, assessed monthly earning of the deceased was 2,000/ -, then the monthly dependency would be Rs. 1,500/ -. Accordingly, annual dependency would be Rs. 18,000/ -. Applying multiplier theory and taking 15 as a year's of purchase, the compensation comes at Rs. 2.50.000/ -.