Research › Search › Judgment

Jharkhand High Court · body

2008 DIGILAW 1074 (JHR)

Anjana Dey v. Bijay Singh Pareya

2008-09-04

JAYA ROY, M.Y.EQBAL

body2008
Order This appeal has been filed by the claimants-appellants for enhancement of the compensation amount against the judgment dated 19th March, 2007 passed by Motor Vehicle Accident Claims Tribunal, Seraikella in Compensation Case No. 11 of 2003. 2. The deceased Prakant Kumar Dey while standing on the road, an offending mini bus coming in a very high speed in a rash and negligent manner, dashed the deceased who sustained severe head injury and the injury on the right side chest and died at the spot. The evidence was led from the side of the claimants that the deceased was working as a driver and was earning Rs. 3,0001per month. Hence, the compensation amount of Rs. Three Lakhs was claimed before the Tribunal. 3. Notwithstanding the fact that the claimants adduced evidence with regard to the profession and income of the deceased but the Tribunal took notional income and assessed the compensation of Rs. 1,89,500/-. 4. From the perusal of the judgment, it appears that the deceased died leaving behind a widow and four children aged 9 years, 5 years, 3 years and 1 year besides the parents. The witnesses examined on behalf of the claimants consistently deposed that the deceased was working as driver and was earning Rs. 3,0001per month. 5. In our view, merely because documentary evidence was not produced with regard to the earning of the deceased, the Tribunal ought not to have taken notional income. It is well settled that notional income as mentioned in the schedule appended to the Act applies only in a case where the deceased is a non-earning member. When the deceased was earning member and evidence was led to that effect then it is for the Tribunal to come to the conclusion and to find out as to what was the actual income of the deceased. 6. In the instant case, even we take the monthly earning of the deceased of Rs. 2,500/-, the annual dependency comes to Rs. 20,000/-. 7. Considering the age of the deceased, a multiplier of 15 is taken then the amount comes to Rs. Three Lakhs which is the amount claimed by the appellants in the claim petition. 8. In our opinion a compensation of Rs. Three Lakhs shall be just and reasonable, particularly, when the deceased died leaving behind a widow, parents and four minor children. 9. We, therefore, allow this appeal. Three Lakhs which is the amount claimed by the appellants in the claim petition. 8. In our opinion a compensation of Rs. Three Lakhs shall be just and reasonable, particularly, when the deceased died leaving behind a widow, parents and four minor children. 9. We, therefore, allow this appeal. The amount of compensation is enhanced to Rs. 3,00,000/- (Rs. Three Lakhs only) which shall carry interest @ 6% per annum. Out of the said amount, Rs. 50,000/- each shall be deposited in any Nationalised Bank in "Long Term Deposit Scheme" in the name of four minor children.