GOLMOY BANRA Vs. AMRIT LAL K RATHORE

JUDGEMENT

(1.) In Compensation Case No. 8 of 1994, in exercise of powers under sec- tion 166 of the Motor Vehicles Act, 1988, the Tribunal assessed a sum of Rs. 75,000 payable to the claimants as compensation.

(2.) Admittedly, Nand Lai Banra, aged about 23 years, died on 30.11.1994 at the spot, when he was dashed by a bus (BRS 343). It was found that accident took place for the fault of driver of the said bus, which was insured with the New India Assurance Co. Ltd. at the relevant time.

(3.) The deceased at the time of accident was a student of B.A. Part III, Political Science (Hons.) Class in Tata College at Chaibasa. His father in his deposition as AW 1 stated that besides his studies, the deceased was earning at least a sum of Rs. 1,500 per month from private tuition and out, of his earnings he used to give Rs. 1,200 per month to him for family ex- penses. One of the students, who was being taught by the deceased was examined as AW 2. He stated that he was paying private tuition fee to the deceased. The Tribunal, although discussed the evidence of both AWs 1 and 2 in para 12 of the impugned judgment, but in the absence of any evi- dence to the contrary brought on record, ignored the evidence of AWs 1 and 2 and determined the lump sum compensation at Rs. 60,000 for the loss of dependency and Rs. 10,000 toward loss of expectation and Rs. 5,000 for funeral expenses.