LAWS(JHAR)-2022-3-31

RESHMI DEVI Vs. MD. SHAMSHAD

Decided On March 31, 2022
Reshmi Devi Appellant
V/S
Md. Shamshad Respondents

JUDGEMENT

(1.) Appellants are the claimants, who have preferred the instant appeal for enhancement of compensation awarded by the Principal District Judge-cum- Presiding Officer, Motor Vehicles Accident Claims Tribunal, Giridih in Claim Case No. 06/2007 under Ss. 166 of the Motor Vehicles Act, 1988 for the death of Amar Kumar Raut in a motor vehicle accident.

(2.) The learned Tribunal awarded a compensation of Rs.5,53,500.00 with interest @ 9% by accepting Rs.4000.00 per month as the monthly income of the deceased working as a skilled labour, 1/3rd deduction on his personal and living expense, and multiplier of 17 taking his age to be 23 years.

(3.) Appeal has been preferred on the ground that decease was a carpenter with a monthly income of Rs.5000.00 but the Learned Tribunal has assessed the income to be Rs.4000.00 per month. Learned Counsel on behalf of the Insurance Company has defended the impugned order. It is submitted that there is no cogent evidence regarding the income of the deceased to be Rs.5000.00 per month.