SALEKA KHATOON Vs. SUNDARLAL GORAIN

JUDGEMENT

(1.) ON 13.4.1990. Kalimuddin Ansari, husband of appellant, Saleka Khatoon died in a motor accident. While coining on bicycle along with one Man-soor Alam on Chas-Chandankiary Road, the deceased met an accident, when a trekker (BHU-7905) dahsed against his bicycle, as a result thereof, he sustained injuries and subsequently died.

(2.) THE trekker was insured with National Insurance Company Limited at the relevant time.

(3.) IT was claimed that deceased was a skilled worker. He was working as polishman and was earning Rs. 60/- 70/- per day. However, in absence of any positive documentary evidence in this regard, tribunal on the basis of prescribed per day mininum wages at Rs. 20/- calculated annual dependency at Rs. 3,120/- after deducting 1/3 amount towards personal expenses of the deceased. Further considering age of deceased which was approximately 32 years, granted a sum of Rs. 85,000/- to be paid as compensation to the claimant, along with interest @ 6% per annum.