GANESH PRASAD MALVIYA Vs. ABHAY SINGH

JUDGEMENT

(1.) HEARD . The claimant has challenged the judgment and award dated 21.8.2001, passed by the 2nd Additional Motor Vehicle Accident Claim Tribunal, Seraikella, in Compensation Case No. 13 of 1995 in this appeal.

(2.) ONE Deo Krishna Malviya lost his life in a motor accident on 4.1.1995. The vehicle involved in the accident was a mini -bus, bearing registration no. BHK 7052. It was claimed that the deceased was a contractor and was earning Rs. 4000/ - per month. The claimant examined witnesses, who deposed that the deceased was earning Rupees ten to twelve thousands per month. The claimant failed to produce any documentary evidence to prove that the deceased actually was a contractor. In case, the deceased was doing contract works, this fact could have been established by producing documents of his registration as contractor, the papers whereby various contracts were awarded to him and regarding payment of the bills for the contract works done. We are of the view that on the basis of the statements made in the claim application that the deceased was a contractor and was earning Rs. 40001 - per month and further on the basis of only oral evidence that the deceased was earning Rupees ten to twelve thousand per month, the Tribunal rightly not believed the claimant's version and taking into consideration the notional income of the deceased as per minimum wages, which a person could have earned, assessed his monthly income at Rs. 2000/per month and after deducting one third of the earnings towards his personal expenses calculated the annual dependency at Rs. 16,000/ - and considering his age and the age of the claimants applied 18 multiplier thereto. In this manner a total amount of Rs. 2,88,144/ - was assessed as compensation payable to the claimant with interest @ 9% per annum. 2003 (6) Supreme 206] relied upon by the appellant's counsel in support of his contention to raise the amount of compensation, in our opinion, is not applicable in the present case.