IN THE HIGH COURT OF JUDICATURE AT PATNA
Miscellaneous Appeal No.533 of 2011
The Branch Manager, The Oriental Insurance Company Ltd & Ors
Versus
Rama Shankar Pandit & Ors
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3 24.11.2011 Learned counsel for the appellants submits that the
Motor Accident Claim Tribunal, Gopalganj, had committed serious
error while awarding compensation amount amounting to Rs.
5,76,000/-, whereas the age of the deceased was not specifically
established before the court below nor any documentary evidence
was on record to establish that the deceased was earning Rs. 4,500/-
per month. Even then, the Claim Tribunal has directed for payment
of such a huge amount of compensation.
It was submitted that the claim of the compensation
should have been calculated on the basis of minimum wages which
was applicable at the time of accident and similarly the deceased
was a bachelor and as such while computing compensation instead
of taking into account the age of the deceased the Claim Tribunal
was required to consider the age of the claimant i.e. mother of the
deceased for multiplier.
The present appeal has not been admitted till date. Nor
limitation has been condoned, till date.
The court contemplates to proceed with the case in the
event the appellant /Oriental Insurance Co. Ltd. makes payment of
admitted compensation amount to the Respondents.
Sri Barun Kumar Chaudhary, learned counsel for the
appellants, makes a prayer for an adjournment so that he will take
2
necessary instruction and also inform the court regarding the
admitted compensation amount.
Put up after four weeks.
Praful ( Rakesh Kumar, J.)