M.Y.EQBAL, J. - (1.) THIS appeal is directed against the judgment and award dated 3.5.2001 passed by Mr. B.K. Rai, 3rd Additional District Judge -cum -Motor Vehicle Accident Claims Tribunal, Dhanbad in Title (Motor Vehicle) Suit No. 17/ 2000 whereby and whereunder the Insurance Company (respondent No. 2) is directed to pay compensation to the claimants.
(2.) THE factum of the accident and insurance of the vehicle has not been denied and disputed. The only dispute is with regard to the quantum of compensation. The appellant, who was the claimant, is not satisfied with the amount of compensation awarded by the Tribunal. In this appeal, the case of the claimant is that monthly earning of the deceased was Rs. 4,000/ - by selling Gup -chup in Thela, he was aged 45 years. Although, evidence adduced by the claimant with regard to monthly earning of the deceased was not controverted by Insurance Company, the Tribunal has assessed the daily earning of the deceased as Rs. 30/ - relying upon the decision of the Patna High Court reported in 1999 (3) PLJR 465. Taken Rs. 30/ - and the compensation amount was assessed at Rs. 1,50,000/ -.
(3.) THIS fact is admitted that the deceased was a hawker and was selling Gup - chup and other materials in Thela by moving around Dhanbad. If we consider the minimum wage of unskilled labourer, it would not be less than Rs. 100/ - per day. It appears that in absence of any contrary evidence, the petitioner must be held to be earning at least Rs. 60 -70 per day. We, therefore, assessed monthly earning of the deceased was Rs. 2,000/ -, then the monthly dependency would be Rs. 1,500/ -. Accordingly, annual dependency would be Rs. 18,000/ -. Applying multiplier theory and taking 15 as a years of purchase, the compensation comes at Rs. 2,50,000/ -.;