Dependents' entitlement to compensation in a motor vehicle accident case is determined based on their dependency on the deceased's income.

L.N.Prasad, J.

1. This appeal is directed against the judgment dated 11.6.1992 passed by Mr. Shyam Kishore Sharma, 4th Addl. District Judge-cum-Motor Accidents Claims Tribunal, Dhanbad in Title (MV) Suit No. 63 of 1991 which was heard and tried analogous with Title (MV) Suit No. 60 of 1991.

2. The fact of the case, in short, for the purpose of this appeal is that the deceased Devendra Sao was going on a motor cycle when bus No. WMH 7845 suddenly came from behind and dashed against the motor cycle causing fatal injuries to the deceased on account of which two claim cases were instituted, one by the parents in Title (MV) Suit No. 63 of 1991 and the other by the widow in Title (MV) Suit No. 60 of 1991, wherein the Tribunal came to the conclusion that the vehicle was fully insured with the insurance company and accident was caused due to rash and negligent driving of the bus by the driver, after applying the multiplying theory, the Tribunal granted a sum of Rs. 96,000 (Rupees ninety-six thousand) to Shakuntala Devi, widow in Title (MV) Suit No. 60 of 1991, which was allowed, while Title (MV) Suit No. 63 of 1991 preferred by the parents of the deceased was dismissed. Being aggrieved and dissatisfied by the aforesaid dismissal, the parents of the deceased preferred this appeal mainly on the ground that the parents were solely dependent on their deceased son and, therefore, they are also entitled to compensation, which the Tribunal declined to award.

3. When the appeal was taken up for hearing, it was contended on behalf of the appellants that they being the dependants of their deceased son, they are entitled to compensation. On the other hand, it was contended on behalf of the widow respondent that before the Tribunal ample evidence was adduced to show that both the parents were living separately and were earning about Rs. 5,000 to Rs. 6,000 per month while the widow of the deceased was totally dependent on him.

4. On perusal of the impugned judgment of the Tribunal, it appears that the widow was solely dependent on the income of the deceased, whereas the parents are living separately from the deceased and that they have got sufficient income to maintain themselves. In this view of the matter, the Tribunal was perfectly justified in awarding compensation to the widow only, and not to the parents, the appellants herein, who have preferred this appeal.

5. There is no merit in this appeal, which is, accordingly, dismissed, but without costs. Appeal dismissed.