High Court Patna High Court - Orders

Mostt.Sona Devi &Amp; Ors. vs Smt. Mano Devi &Amp; Ors. on 27 July, 2010

Patna High Court – Orders
Mostt.Sona Devi &Amp; Ors. vs Smt. Mano Devi &Amp; Ors. on 27 July, 2010
              IN THE HIGH COURT OF JUDICATURE AT PATNA
                                MA No.309 of 2010
               1. Mostt. Sona Devi, widow of late Mahesh Chaudhary.
               2. Ranju Kumari, minor daughter of late Mahesh Chaudhary.
               3. Babli Kumar, minor son of late Mahesh Chaudhary.
                       Appellant nos. 2 and 3 are minor daughter and son of Late Mahesh
                       Chaudhary under the guardianship of their mother and natural
                       guardian and well wisher of their mother Mostt. Sona Devi, all
                       resident of village Murkatta Manjhaul, Police Station Baragandhar,
                       Police Station Moffasil, District Gaya.
                                                ....................... Appellants/ applicants.
                                        Versus
               1. Smt. Mano Devi, Wife of Late Rajeshwar Prasad Singh, Resident of
               Mohalla Murli Hill Bairagi Opposite Chapra Kothi, Police Station Delha,
               District Gaya, owner of the 407 Maxi bearing No. BR-2 /7697.
               2. Bindeshwari Prasad, Son of Late Ram Kishun Prasad, Resident of
               village - Gango Bigha, Post Office Rampur, Police Station Rampur, District
               Gaya.
               3. United India Insurance Company Limited, through its Divisional
               Manager, A. N. Road Murarpur, Police Station Kotwali, District Gaya at
               present Asha Singh More, A.P. Colony, Police Station Rampur, District -
               Gaya .                      .................... Respondents - Opposite Parties.


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03/ 27.07.2010 Heard learned counsel for both the parties.

This miscellaneous appeal is directed against the

order dated 8th January, 2010 passed by the Ist Additional

District Judge-cum-Motor Vehicle Accident Claim

Tribunal, Gaya whereby the claim of the appellants

regarding the death of Mahesh Choudhary has been allowed

to the tune of Rs.4,08,000/-.

The grievance of the appellants is for enhancement

of the compensation. However, it has come in evidence that

Mahesh Choudhary was earning Rs.150-200 per day by
-2-

selling toddy.

Learned lower court, however, considered that the

toddy selling is a seasonal business and assessed his earning

Rs.100/- per day at a flat rate for the entire year and held

that deceased Mahesh Choudhary had annual income of

Rs.36,000/- per annum and thereafter considered to deduct

1/3rd amount as personal expenditure and calculated the

compensation amount on taking Rs.24,000/- as saving and

with a multiplier of 17 as he was 25 years old and hence has

well considered the every aspect for calculating the income

in fact and law. I do not find any illegality or irregularity in

calculating the compensation.

However, having regard to the fact that the

compensation was calculated after taking into consideration

entire materials on record both on fact and law. I do not find

that there is any illegality or irregularity in calculating the

amount of compensation at a lower rate and therefore, no

case for enhancement of compensation is made out.

The appeal has no merit and hence it is dismissed.

Kundan                          (Gopal Prasad, J.)