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2001 DIGILAW 210 (JHR)

KAMALA DEVI v. RAM DAYAL SAH

2001-03-21

HARI SHANKAR PRASAD, M.Y.EQBAL

body2001
ORDER : The Court 1. This appeal is directed against the judgment and award dated 3.5.2001 passed by Sri B.K. Rai. 3rd Additional District Judge-cum Motor Vehicles Accident Claims Tribunal, Dhanbad in Title and Motor Vehicle Suit No. 17/2000 whereby and whereunder the Insurance Company (Respondent No. 2) is directed to pay compensation to the claimants. 2. The factum of the accident and insurance of the vehicle has not been denied and disputed. The only dispute is with regard to the quantum of compensation. The appellant, who was the claimant, is not satisfied with the amount of compensation awarded by the Tribunal. 3. In this appeal, the case of the claimant is that monthly earning of the deceased was Rs. 4,000/- by selling Gupchup in Thela, he was aged 45 years. Although, evidence adduced by the claimant with regard to monthly earning of the deceased was not controverted by insurance company, the Tribunal has assessed the daily earning of the deceased as Rs. 30/- relying upon the decision of thePatna High Court reported in M/s. National Insurance Company Ltd. and Another Vs. Bibi Gulsan and others, . Taken Rs. 30/- and the compensation amount was assessed at Rs. 1.50.000/-. 4. This fact is admitted that the deceased was a hawker and was selling Gup-chap and other materials in Thela by moving around Dhanbad. If we consider the minimum wage of unskilled labourer, it would not be less than Rs. 100/- per day. It appears that in absence of any contrary evidence, the petitioner must be held to be earning atleast Rs. 60-70 per day. We, therefore, assessed monthly earning of the deceased was 2,000/-, then the monthly dependency would be Rs. 1,500/-. Accordingly, annual dependency would be Rs. 18,000/-. Applying multiplier theory and taking 15 as a year's of purchase, the compensation comes at Rs. 2.50.000/-. 5. In our opinion, therefore, the minimum of Rs. 2,50,000/- would be just and reasonable compensation. In our view, the Tribunal has not correctly assessed the quantum of compensation payable to the claimants whose husband died at the young age of 45 years leaving behind three minor children. 6. This appeal is therefore allowed. Judgment and award is modified to the extent that the appellant shall be entitled to compensation of Rs. 2,50,000/- together with interest @ 9% p.a from the date of the award.