LAWS(JHAR)-2002-2-38

BABULAL THAKUR Vs. SHYAM BIHARI RAM @ SHYAM BIHARI

Decided On February 06, 2002
Babulal Thakur Appellant
V/S
Shyam Bihari Ram @ Shyam Bihari Respondents

JUDGEMENT

(1.) MINA Devi, wife of Babulal Thakur of village Kena, district Nawadah lost her life in a motor accident on 27.8.1992, when she was dashed by a truck (BHP-1319). Her husband alongwith four minor children filed an application under Section 166 of the Motor Vehicles Act, 1988, for compensation.

(2.) IT was established that accident took place for the fault of driver of the offending truck, which was insured at the relevant time with the New India Assurance Company.

(3.) THE tribunal held that in absence of any specific evidence in respect of her daily or monthly earnings, annual income of the deceased is assessed at Rs. 5000/-. Further, considering her age 16 multiplier was applied and a sum of Rs. 80.000/- was calculated as compensation amount payable to the claimants along with interest thereon @ 10% per annum from the date of filing of claim case till payment.