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Judgment
Mina Devi, wife of Babulal Thakur of village Kena, district Nawadah lost her life in a motor accident on 27.8.1992, when she was dashed by a truck (BHP-1319). Her husband alongwith four minor children filed an application u/s 166 of the Motor Vehicles Act, 1988, for compensation.
It was established that accident took place for the fault of driver of the offending truck, which was insured at the relevant time with the New India Assurance Company.
It was claimed that deceased was engaged in selling paper bags and thereby she was earning Rs. 900/- per month and was 35 year''s old at the time of accident.
The tribunal held that in absence of any specific evidence in respect of her daily or monthly earnings, annual income of the deceased is assessed at Rs. 5000/-. Further, considering her age 16 multiplier was applied and a sum of Rs. 80.000/- was calculated as compensation amount payable to the claimants along with interest thereon @ 10% per annum from the date of filing of claim case till payment.
Mr. Jai Prakash. counsel for the claimants appellants, submitted that in paragraph-9 of the impugned judgment, the tribunal observed that in absence of documentary evidence claim of income at Rs. 1000/- per month cannot be accepted and in absence of specific evidence, daily income of the deceased is ascertained at Rs. 30/-, which comes to Rs. 900/- per month. It was further observed "thus from the evidence it is established that the deceased was earning Rs. 900/- per month and selling paper bags" and as such her annual income was Rs. 10,800/-, The tribunal, therefore, erred in assessing the annual income of the deceased only at Rs. 5000/-.
It was further submitted that on deducting 1 /3rd of her income towards personal expenses, annual dependency would have been calculated at Rs. 7200/-.
In our opinion, applying ratio of the decision in General Manager, Kerala State Road Transport Corporation, Trivandrum Vs. Mrs. Susamma Thomas and others, if the said compensation amount of Rs. 80,000/- is kept in term Deposit in a Nationalised Bank, it would fetch interest equal to amount of annual dependency at Rs. 7200/-.
In such circumstance, we find no reason to interfere with the impugned judgment and award.
In the result, this appeal is dismissed, but without costs.