ZAINAB KHATOON Vs. SHEELA DEVI

JUDGEMENT

(1.) THIS appeal by the claimants -appellants is for enhancement of compensation awarded by the Motor Accident Claims Tribunal, Hazaribagh in Claim case No. 28 of 2006.

(2.) BY the impugned judgment, the Tribunal awarded a sum of Rs. 2,01,500/ - for the death of the deceased aged about 30 years in a motor vehicle accident. Since the instant appeal is confined only with regard to quantum of compensation, we do not go into any other findings. Admittedly the deceased was a mason and he died leaving behind a widow and four minor children along with his parents. According to the claimants, the daily earning of the deceased was Rs. 150/ - and evidence to that effect was led by the witnesses. The Tribunal in absence of any evidence to the contrary with regard to the earning of the deceased, has wrongly disbelieved his earning. In our view, the deceased must have been earning between Rs. 2500 -3000/ - per month. Hence, the Tribunal ought not to have taken the notional income for the purpose of calculating the compensation amount.

(3.) WE , therefore, allow this appeal and enhance the compensation amount to Rs. 3,00,000/ - which shall carry interest as awarded by the Tribunal.