S.P.Talukdar, J. - (1.) The present appellants, as petitioners, filed an application under section 163A of the Motor Vehicles Act claiming compensation of Rs. 2 lakhs over the accidental death of their son, a khalashi (helper) of Matador Van being No. WB 41/0316.
(2.) The victim was a young boy of 25 years and had an income of Rs. 1500/- per month. Such accident took place on 21.6.1996.
(3.) On perusal of the impugned judgment dated 16.1.1999 passed by the learned Tribunal it appears that in absence of satisfactory proof in support of the claim regarding income of Rs. 1500/- per month of the victim, the Tribunal decided to proceed on "guess work". No proper reason could be assigned as to why the income would be taken as Rs.900/- per month only. Then again, the learned Tribunal took into consideration the fact that the mother of the victim was 54 years of age. The learned Tribunal appeared to have been largely guided by the fact that "dependents of the victim may not live upto the estimated remaining period of their life expectancy." After taking into consideration all such facts and materials the learned Tribunal thought it just and proper to apply ten (10) as multiplier.;