- (1.) HEARD the learned counsel for the parties.
(2.) SINCE these two appeals arose out of the common judgment one filed by the claimants and another by the United India Insurance Co. Ltd. The same has been heard together and are disposed of by the common order. M.A. No. 51 of 2007 This appeal has been filed by the claimants -appellants for enhancement of compensation amount awarded by the Motor Vehicle Accident Claims Tribunal, Ranchi in Compensation Case No. 110(T)/2001. In Cross Objection No. 9/2007, the Insurance Company has preferred this appeal challenging the judgment and award as the proportionate deduction has not been made in spite of the findings recorded by the tribunal relating to contributory negligence on the part of the deceased.
(3.) THE deceased was by profession a driver, aged 38 years. He was travelling in a bus bearing Registration No. BR -14P4112. Because of the rash and negligent driving of the bus, the deceased thrown away from the bus and' died. He left behind a widow, three minor sons and three minor daughters and parents who are the claimants. Although the evidence was led by the claimants that the deceased was getting Rs. 3,500/ - per month including Rs. 50/ - per day as 'Kuraki'. The tribunal deducted Rs. 1,500/ - being the 'Kuraki' paid to the deceased per month from the salary and taken Rs. 2,000/ - only as the salary of the deceased per month. Out of the said amount again 1/3rd was deducted towards the personal expenditure of the deceased. In this way, Rs. 16,000/ - was only taken as annual dependency. By taking multiplier of 14, the amount was assessed Rs. 2,24,000/ -.;