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2004 Supreme(Gau) 12

P.P.NAOLEKAR, AFTAB H.SAIKIA
State of Meghalaya – Appellant
Versus
Rajesh Kalia – Respondent


Advocates:
Advocate Appeared:
For Appellant/Petitioner/Plaintiff: B. Dutta, Adv.
For Respondents/Defendant: B.B. Narzary and S. Chouhan, Advs.

JUDGMENT

P.P. Naolekar, J.

1. The facts in a narrow compass for disposal of this case are that on 2.3.1986 at about 8.30AM while Sudarshan Kr. Kalia (since deceased) was proceeding on his scooter from Dimapur to Jagiroad for his contractual work of North East Frontier Railway one ambassador car-belonging to Government of Meghalaya, Forest Department dashed with his scooter and as a result thereof, said Sudarshan Kr. Kalia had died on 2.3.1986. The claimants, who were minor sons and daughters have filed a claim petition claiming compensation of Rs. 6 lakhs for the death of their father. The Motor Accidents Claims Tribunal, Kamrup, Guwahati after recording the evidence of the parties have reached to the conclusion that the accident took place on account of negligent driving of the ambassador car. The Court has recorded the findings that at the time of death, the deceased was 44 years of age and was earning an amount of Rs. 3,000 per month. Taking 1/3rd amount of his earning being the amount spent by the deceased for himself, the Tribunal has recorded the finding that his earning which would have been spent on his dependents was Rs. 2,000 and applying the multiplier of 13, the court has




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