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ANIL KUMAR CHOUDHARY
Fulaiya Devi, wife of Mirja Bhuiyan – Appellant
Versus
Anugrah Narayan Singh, son of Sri Anant Singh – Respondent
JUDGMENT :
1. Heard the parties.
2. No one turns up on behalf of the respondent no.1- the owner of the vehicle in-spite of repeated calls. Hence, this appeal is heard exparte against the respondent no.1.
3. This appeal is directed against the judgment and award dated 28.09.2012 passed by the Motor Accident Claim Tribunal, Chatra in Claim Case No.23 of 2007 by which the learned Tribunal under Section 166 of Motor Vehicle Act has awarded a compensation of Rs.2,88,000/- to the claimants to be paid by the owner of the vehicle.
4. The brief facts of the case is that when the deceased Ranjit Bhuiyan aged about 20 years on 08.02.2007 was going by a tractor as a labourer, due to rash and negligent driving of the tractor, the said tractor turned turtle causing injuries to the deceased and he succumbed to the M.A. No. 12 of 2013 said injuries. It is stated that the deceased was earning monthly income of Rs.3,100/-. The insurance company opposed the claim for compensation on various technical grounds and claimed that the deceased was travelling in the tractor as a gratuitous passenger hence, the insurance company is not liable to pay the compensation amount. The learned Tribunal assessed the mont
The main legal point established in the judgment is the re-assessment of notional income and enhancement of compensation under various heads to ensure just and reasonable compensation for the claiman....
Accident claim - Multiplier to be used should be as provided in column 4 of the judgment. Multiplier prescribed for the age group of 21-25 years is 18.
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