Amitav K.Gupta,J. - (1.) This appeal has been preferred against the judgment and award dated 14.6.2011, passed by Presiding Officer, M.V.A.C.T, Ranchi in Compensation case no. No.52/2008, whereby the respondent-insurance company, namely, Oriental Insurance Company Ltd. was directed to pay the compensation of Rs. 1,24,500/- along with interest @ 6% from 11.3.2010.
(2.) The brief facts of the case is that the deceased Samuel Surin was riding a Hero Honda motorcycle on which his friend Anuj Nawal Demta was a pillion rider. At Kadru, Ranchi, a Tanker bearing registration No. JH-03B-7447, which was being driven rashly and negligently hit the motorcycle and Samuel Sorin was crushed to death by the said Tanker, whereupon Doranda P.S. Case No.20/2008 was registered under Sections 279 and 304 'A' of the IPC against the driver of the offending Tanker.
(3.) Learned counsel for the appellants has submitted that the learned Tribunal has failed to appreciate that the deceased was a young boy aged about 26 years and he was pursuing study as well as engaged in a part time job with M/s Gourav Home Point. That there is evidence on record that the deceased was a earning member and he was providing expenses for the maintenance of the claimants. It is urged that even if the notional income of the deceased is assessed at Rs. 3,000/- p.m. then the awarded compensation should be enhanced. It is submitted that the Tribunal has erred in applying the multiplier which is not in accordance to the multiplier as laid down in the case of Sarla Verma & Ors. v. Telhi Transport Corporation & Anr. reported in 2009 SCW 4992 . On the said grounds it is submitted that the compensation should be enhanced.;