AKASHI Vs. ANJANA DEVI

JUDGEMENT

(1.) By the Court:-

(2.) This appeal is directed against the judgment and award dtd. 22/5/2012 passed by learned District Judge- I-cum- Motor Vehicle Accident Claim Tribunal, Pakur in MACT Case No. 03 / 2011 whereby and where under, the learned tribunal has awarded a sum of Rs.6,80,000.00 as compensation for death of the deceased son of the appellant who is the husband of respondent no. 1.

(3.) The brief facts of this case is that while the deceased-Motilal Sah, aged about 24 years, who was working as a Khalasi in a dumper, was riding a motorcycle, met with an accident and was ran over by the offending dumper due to rash and negligent driving of the driver dumper. The Learned tribunal in the impugned judgment and award has directed that out of total compensation amount of Rs.6,80,000.00, Rs.5,00,000.00 be paid to the respondent no. 1 being the wife of the deceased and Rs.1,80,000.00 to be paid to the appellant. The reason assigned by learned tribunal for giving more amount of compensation to the wife of the deceased- being the respondent no. 1 is that the appellant-who is the mother of the deceased was earning from her labour work while the wife of the deceased- respondent no. 1 is a widow of 22 years and she has long life to go hence, the wife was awarded more amount than the appellant-mother of the deceased, though both the wife of the deceased- respondent no. 1 and the appellant mother both are class I-heirs of the deceased under the Schedule in terms of Sec. 8 of the Hindu Succession Act, 1956.