LAWS(JHAR)-2008-8-110

BHAKUR MAHTO Vs. MANOJ KUMAR GUPTA

Decided On August 19, 2008
Bhakur Mahto Appellant
V/S
MANOJ KUMAR GUPTA Respondents

JUDGEMENT

(1.) THIS appeal has been filed by the claimants -appellants, who are the parents of the deceased, for the enhancement of compensation awarded by the Motor Accident Claims Tribunal, Hazaribagh in Claim Case No. 17 of 2007.

(2.) ADMITTEDLY , the dispute is with regard to quantum of compensation. Undisputedly, the deceased was aged about 18 -19 years and died in motor vehicle accident and the offending vehicle was insured with United India Insurance Company Ltd. Evidence was led by the claimants that the deceased used to work as labourer and was earning a sum of Rs. 4,500/ - per month. The Tribunal after considering the evidence came to the finding that the earning of the deceased has not been proved. Accordingly, the Tribunal took into consideration notional income of the deceased and a sum of Rs. 1,12,000/was awarded.

(3.) FOR the reasons aforesaid, this appeal is allowed and the amount of compensation is enhanced to Rs. 2,00,000/ - from Rs. 1,12,000/ -. The enhanced amount will carry interest as awarded by the Tribunal.