- (1.) ON 13.4.1990. Kalimuddin Ansari, husband of appellant, Saleka Khatoon died in a motor accident. While coining on bicycle along with one Man-soor Alam on Chas-Chandankiary Road, the deceased met an accident, when a trekker (BHU-7905) dahsed against his bicycle, as a result thereof, he sustained injuries and subsequently died.
(2.) THE trekker was insured with National Insurance Company Limited at the relevant time. The widow of deceased filed claim application under Section 166 of the Motor Vehicles Act. 1988 and it was established that accident took place for the fault of driver of the trekker.
(3.) IT was claimed that deceased was a skilled worker. He was working as polishman and was earning Rs. 60/- 70/- per day. However, in absence of any positive documentary evidence in this regard, tribunal on the basis of prescribed per day mininum wages at Rs. 20/- calculated annual dependency at Rs. 3,120/- after deducting 1/3 amount towards personal expenses of the deceased. Further considering age of deceased which was approximately 32 years, granted a sum of Rs. 85,000/- to be paid as compensation to the claimant, along with interest @ 6% per annum.;