- (1.) This appeal has been filed by the claimants-appellants for enhancement of compensation amount awarded by Motor Accident Claims Tribunal, Lohardaga in Compensation Case No. 100 of 2001 whereby the Tribunal has awarded a sum of Rs.1,98,384/- on account of death of the deceased in a motor vehicle accident.
(2.) The facts of the case lie in a narrow compass: On 4.3.2001, the deceased, Hafiz @ Aziz Ansari, was going to Lohardaga for sale and purchase of ice-cream on his bicycle. On the way, he was dashed by a truck bearing Registration No.BTR-42-G-7205 being driven rashly and negligently resulting his death on the spot. The deceased was 40 years old and according to the claimants, deceased was labourer and by selling ice-cream he was earning Rs.2500/- per month. The deceased left behind a widow, four minor sons, two minor daughters and father.
(3.) The Tribunal after considering the facts came to a finding that the accident took place because of rash and negligent driving of the truck which was duly insured with respondent-United India Insurance Co. Ltd. However, on the issue of quantum of compensation, the Tribunal, in spite of sufficient evidence adduced by the claimants on the income of the deceased, recorded a finding that the income of daily-wages labourer comes to Rs.73/- per day for 26 days. The Tribunal took different income for seven months and different income for five months and in this way, assessed annual income of the deceased at Rs.23,286/. Out of the aforesaid amount, 1/3rd was deducted towards personal expenses. Thereafter, taking multiplier, the Tribunal assessed compensation of Rs.2,48,384/-. The Tribunal further held that since there is no delay from the side of the Insurance Company, the claimants are not entitled to interest on the principal amount of compensation.;