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Judgment
Gurusharan Sharma, J.—In Compensation Case No. 8 of 1994, in exercise of powers u/s 166 of the Motor Vehicles Act, 1988, the Tribunal assessed a sum of Rs. 75,000/- payable to the claimants as compensation.
Admittedly, Nandraj Bapra, aged about 23 years, died on 30.11.1994 at the spot, when be was dashed by a bus (BRS 343). It was found that accident took place for the fault of driver of the said bus, which was insured with the New India Assurance Company Ltd. at the relevant time.
The deceased at the time of accident was a student of B.A. Part III Political Science (Hons.) Class in Tata College at Chaibasa. His father in his deposition as A.W. 1 stated that besides his studies, deceased was earning atleast a sum of Rs. 1,500/- per month from private tution and out of his earnings he used to pay Rs. 1,200/- per month to him for family expenses. One of the students, who was being taught by the deceased was examined as A.W. 2. He stated that he was paying private tution fee to the deceased. The Tribunal, although discussed the evidence of both A.Ws. 1 and 2 in paragraph 12 of the impugned judgment but in the absence of any evidence to the contrary brought on record ignored evidence of A.Ws. 1 and 2 and determined lumpsum amount of compensation at 4,60,000/- for loss of dependency and Rs. 10,000/- for loss of expectations, Rs. 5,000/- for funeral expenses.
In our opinion, in absence of any evidence to the contrary, self earnings of deceased and his contribution to the family could not have been lost site of and it ought to have been accepted. In such circumstance, the annual dependency is calculated Rs. 1,200/- per month, which comes to Rs. 14,400/- and considering age of the deceased as well as age of his parents, on the ratio of decision of the Apex Court reported in R.R. Bhanot Vs. Union of India and others, , multiplier of 12 is applied and total amount of compensation is calculated at Rs. 1,44,000/-.
Consequently amount of compensation awarded by Tribunal is enhanced from Rs. 75,000/- to Rs. 1,44,000/- with interest @ Rs. 9% per annum from the date of filing of claim case till payment. This appeal is accordingly disposed of with aforesaid modification in impugned judgment and award No cost.