GULABI DEVI Vs. MD. MOEAN

JUDGEMENT

(1.) HEARD . This appeal has been filed by the claimants for enhancement of the amount of compensation granted by 2nd Additional Motor Vehicle Accident Claims Tribunal, Hazaribagh to them in claim case No. 115 of 1991. Ashok Kumar, a partner of M/S. Manoj Steel Industries. Gola Road, Ramgarh, having 2/3rd share therein died in a motor accident on 11.3.1991 at Ranchi-Ramgarh Road near Bhagat Singh Hotel.

(2.) THE deceased was coming with his brother Manoj Mumar from Ranchi to Ram garh on a trekker (BPM 5341). Which dashed against an Ambassador car (BR-13C-0808) coming from opposite direction. It was established that the said car was on its left side, but trekker being driven rashly and negligently in a very high speed dashed the same. Accident took place for the fault of driver of the trekker, which was insured at the relevant time with United India Insurance Company Limited. Income tax assessment order (Exhibit 8) of the Firm M/s. Manoj Steel Industries shows that the said industry had yearly income of more than Rs. 65000/-. widow of deceased in her deposition as A.W. 3 stated that her husband at the time of accident was 33 year's old and was earning Rs. 4000/- per month. The doctor in postmortem report (Exhibit 7) also assessed age of the deceased at about 32 years. While cal-cuating annual dependency, in our opinion, tribunal committed an error in treating monthly income of deceased at Rs. 2000/-only in absence of any evidence that his monthly income was less than Rs. 4000/-. Annual dependency ought to have been calculated at lease at Rs. 2600/- per month, after deducting l/3rd of his monthly income (Rs. 4000/-) towards his personal expenses.