BIRENDRA PRASAD ROY Vs. YOGESHWAR MIRDHA

JUDGEMENT

(1.) The driver of the offending vehicle has preferred the instant appeal against the judgment and award of compensation in MACT Case No.12/2008 for the death of Nisha Devi in a motor vehicle accident caused by one ITM-10-Rig machine bearing Registration No. KA-02M- 4086 of the Drilling Water and Sanitation Mechanical Division, PHED Dumka.

(2.) On 9/3/2005 the drilling machine of the PHED Department Dumka rammed into the house of the deceased resulting in its collapse and death of occupant Nisha Devi.

(3.) The learned Tribunal awarded compensation of Rs.75,000.00 to be paid to her son Yogeshwar Mirdha under Sec. 163A of the Motor Vehicle Act on a notional income of Rs.15,000.00 per annum. Since the deceased was 65 years old woman a multiplier of 5 was taken. The vehicle was not insured at the relevant time of the accident, and the liability to pay the compensation amount was fixed on the Sanitation Department, PHED, Dumka and the driver of the offending vehicle jointly and severally.