DIVISIONAL MANAGER Vs. NAN BAI

JUDGEMENT

(1.) THIS appeal by the appellant insurance company is directed against the judgment and award dated 16. 9. 2003 passed by the Motor Accidents claims Tribunal, Dhanbad in Title (M. V.)Suit No. 61 of 2002 whereby he has awarded a sum of Rs. 5,37,088 for the death of the deceased in a motor vehicle accident.

(2.) THE brief facts of the case are that on 26. 12. 2001, the deceased Mahadeo was going on his cycle to attend his job. While he reached Kandara More, a truck bearing registration No. BR 17-A 9199 came in a very high speed in a rash and negligent manner, dashed the deceased, aged 35 years, was working in Lohapatti Colliery as mining loader and was getting a salary of Rs. 7,137 per month.

(3.) THE Tribunal came to a finding that the home-taking salary of the deceased was Rs. 5,632 and after deducting 1/3rd out of the same, monthly dependency comes to Rs. 4,196. Considering the age of the deceased and the monthly dependency, the claims Tribunal assessed compensation at Rs. 5,37,088.