Research › Search › Judgment

Jharkhand High Court · body

2008 DIGILAW 1391 (JHR)

Anisha Khaton v. New India Assurance

2008-12-04

JAYA ROY, M.Y.EQBAL

body2008
Order Heard the parties. 2. This appeal has been filed by the claimants-appellants, who are the widow and old parents, for enhancement of compensation awarded by the Motor Vehicle Accident Claims Tribunal, Ranchi in Compensation Case No. 142 of 2005. 3. The only question needs consideration is that admittedly, the deceased was 32 years of age and according to the claimants, he was doing agriculture and growing vegetables and his earning was Rs. 3,000/- per month. 4. In support of the earning of the deceased, the claimant-widow examined herself, who deposed that her husband was earning Rs. 3,000/- per month from doing the agriculture work as he was growing the vegetables in his field and used to sell the produce in the market. 5. The learned tribunal discarded the evidence on the ground that no documents of title with regard to land were produced nor any documentary evidence in support of the earning of the deceased was proved and exhibited. 6. On that basis, the learned Tribunal took notional income of the deceased and awarded a sum of Rs. 1,79,500/- to the appellants-claimants. 7. Mr. Ashutosh Anand, the learned counsel appearing on behalf of the appellants-claimants, very fairly submitted that having regard to the evidence produced by the appellants-claimants, at least a lump sum of Rs. 3,00,000/- ought to have been awarded by the Tribunal. 8. Mr. Alok Lal, on the other hand, submitted that the Tribunal has rightly taken the notional income in absence of any cogent evidence with regard to the earning of the deceased. 9. After having heard the learned counsel for the parties and considering the facts and evidence brought on record, we are of the view that a lump sum of Rs. 3,00,000/- by way of compensation inclusive of interest will meet the ends of justice. 10. This appeal is, therefore, allowed and the compensation amount is enhanced to a lump sum of Rs. 3,00,000/- (Rs. three lakhs only), inclusive of interest. 11. Needless to say that after deducting the amount of compensation, if any paid by the New India Assurance Company Ltd., the rest of the compensation amount shall be paid to the claimants-appellants by handing over a Cheque before the Lok Adalat, scheduled to be held on 20th December, 2008 in the premises of this Court. 12. Let a copy of this order be given to Mr. 12. Let a copy of this order be given to Mr. Alok Lal, the learned counsel appearing on behalf of New India Assurance Co, Ltd.