NEW INDIA ASSURANCE CO LTD Vs. BHAWA DEVI

JUDGEMENT

(1.) This appeal at the instance of appellant New India Assurance Co. Ltd. is directed against the judgment and award dated 30.9.2000 passed by the District Judge-cum-M.A.C.T., Giridih in M.V. Claim Case No. 37 of 1998 whereby a sum of Rs. 20,67,076 together with the interest at the rate of 12.5 per cent has been awarded on account of the death of the deceased in a motor vehicle accident.

(2.) Claimants are the mother/mother-in-law, sons and daughter of the deceased.

(3.) The brief facts of the case are that on 16.7.1998 deceased Tuntun Kumar alias Tuntun Bhadani along with his wife late Asha Bhadani and others were going to Sultanganj by car bearing registration No. BR 16-A 0377. As soon as the car reached near Makdiha Line Hotel at Jamua Chatro Road, a Leyland truck bearing registration No. BRA 9821 loaded with scrap coming towards Chatro dashed an Ambassador car causing death of all the occupants ing Tuntun Kumar and Asha Devi. It is alleged that the said accident took place due to rash and negligent driving of the truck. Claimants' further case was that both Tuntun Kumar and Asha Devi died leaving behind their mother/mother-in-law and minor sons and daughter. It was contended that the deceased Tuntun Kumar was aged about 38 years and his wife Asha Devi was aged about 32 years. Claimants' further case is that annual income of the deceased Tuntun Kumar was Rs. 1,11,300 and the annual income of deceased Asha Bhadani was Rs. 85,842. Learned Claims Tribunal taking the aforesaid amount as the annual income of the deceased Tuntun Kumar Bhadani assessed compensation at Rs. 11,39,700 and further taking annual income of the deceased Asha Devi Bhadani at Rs. 85,842, assessed compensation at Rs. 9,27,376. The total compensation, therefore, awarded for the death of Tuntun Kumar Bhadani and Asha Devi Bhadani is Rs. 20,67,076.includ