BRANCH MANAGER Vs. AKEL

JUDGEMENT

(1.) This appeal has been preferred against the judgment and award dated 20th July, 2009 passed by learned District Judge-cum-Motor Vehicle Accident Claim Tribunal, Pakur in connection with M.A.C.T. Case No. 30 of 2008 whereby the appellant has been directed to pay compensation of Rs. 2,25,000/- with interest at the rate of 6% per annum from the date of filing of the claim application, after deducting the amount, if paid, under Section 140 of the M.V. Act to the claimants. The facts, in brief, is that on 14.9.2007 at about 4.30 p.m. Jyotin Marandi, a boy aged about 4-5 years, while crossing the road, was crushed under the wheel of dumper bearing registration No. JH-10K-2837. In this connection Maheshpur P.S. Case No. 143 of 2007 dated 15.9.2007 was registered under Sections 279 and 304-A of the I.P.C. The claimant/respondent Nos. 1 and 2, who are mother and father of the deceased boy, filed petition for grant of compensation which was registered as M.A.C.T. Case No. 30 of 2008. Since the offending vehicle was insured with the appellant, direction was given to them to satisfy the awarded amount, as indicated above and hence this appeal.

(2.) It is contended that the learned Tribunal has wrongly assessed the income of a boy aged about 5 years whereas admitted situation is that the boy was not employed anywhere nor he was earning money. The Tribunal has erred in considering notional income of the deceased who was aged about 4-5 years at the time of his death. Learned counsel has referred a judgment , Oriental Insurance Co. Ltd. vs. Syed Ibrahim and Others, 2007 4 TAC 385

(3.) I have gone through the impugned judgment and award and also the judgment referred to above. In the case of Oriental Insurance Co. Ltd. vs. Syed Ibrahim in para-6 their Lordships have held as under:--