Jyotirmay Bhattacharya, J. - (1.) THIS first miscellaneous appeal is directed against the Judgement and/or Award dated 15th March, 2012 passed by the Learned Additional District Judge, 2nd Court, Bankura in Motor Accident Claim Case No. 44 of 2011 (M.A.C.C No. 86 of 2009) at the instance of the claimants.
(2.) ADMITTEDLY , the victim Smt. Chhabi Hansda died in a motor accident on 23rd April, 2009 due to rash and negligent driving of one tractor bearing No. WB -55/2986 which was insured under a policy of insurance issued by the United India Insurance Company Limited. The claimants are the legal heirs and representatives of the said victim. Claimant No. 1 is the husband of the victim and the other two claimants are her minor children. The claimants claimed that the victim was working as a daily labourer in a brick field and she used to earn Rs. 3000/ - per month. They further claimed that at the time of her death, she was aged about 25 years. They claimed a sum of Rs. 3,00,000/ - on account of compensation. The Learned Tribunal held that the claimants failed to produce any documentary evidence to prove the income of the deceased as Rs. 3000/ - per month. The Learned Tribunal fixed the notional annual income of the deceased at Rs. 24,000/ -.
(3.) CONSIDERING the age of the victim as 25 years on the date of death, the Learned Tribunal held that the appropriate multiplier would be 17. Thus, the Learned Tribunal assessed the compensation at Rs. 2,80,000/ -.;