As per Sarla Verma Smt.
Mother of appellants Chanchali Nayak was working as an agricultural labourer.
Pointing out that the claimants have number produced the insurance policies of the vehicles, the tribunal held that CIVIL APPEAL NOOF 2017 SLP C NO.31405/2016 the insurance companypany is number liable to indemnify the companypensation.
In the claim petition filed by the claimants, the tribunal held that the accident was due to rash and negligent driving of both the vehicles.
On appeal to the High Court by the claimants, the High Court affirmed the quantum of companypensation of Rs.70,600/ awarded to the claimants but reduced the rate of interest from 9 to 7.
So far as the companypensation is companycerned, the tribunal has taken the monthly income of the deceased at Rs.650/ per month and after deducting an amount of Rs.250/ towards her personal expenses, assessed the companytribution to the family at Rs.400/ per month.
So far as the liability of the insurance companypany is companycerned, the High Court held that the insurance companypany respondent No.3 having paid the companypensation to the claimants cannot avoid its liability to pay the companypensation amount.
Deceased Chanchali Nayak was an agricultural labourer.
Being dissatisfied with the quantum of companypensation, the appellants have filed this appeal.
OSF 5157 and truck bearing No.
Taking income from the agricultural labour work at Rs.3,000/ per month and Rs.1,500/ per month for the household work, the CIVIL APPEAL NOOF 2017 SLP C NO.31405/2016 monthly income of the deceased is fixed at Rs.4,500/ per month deducting 1/3rd for personal expenses, companytribution of deceased towards the family is calculated at Rs.3,000/ per month and Rs.36,000/ per annum.
The respondents No.1 and 2 owners of the bus and the truck were held liable to pay the companypensation to the claimants at 50 each alongwith interest at the rate of 9 per annum.
Deceased was aged 42 years and the tribunal adopted multiplier of 12 and awarded companypensation of Rs.57,600/ for the loss of dependency and adding companyventional damages, tribunal has awarded total companypensation of Rs.70,600/ .
At that time, due to head on collision between two vehicles bus bearing No.
The High Court as well as the tribunal did number keep in view the companytribution of the deceased in the household work, being a labourer and also maintaining her husband, her daily income should be fixed at Rs.150/ per day and Rs.4,500/ per month.
OAC 495 , the bus swerved to the extreme left side of the road and ran over Chanchali Nayak and she succumbed to injuries.
We have perused the impugned judgment and the materials placed on record.
PW 1 in his evidence stated that Chanchali Nayak was earning Rs.35/ per day as wages out of the labour work.
We have heard the learned companynsel for the appellants.
On the date of accident 29.09.1991 at about 8.00 a.m., Chanchali Nayak was proceeding on the left side of the CIVIL APPEAL NOOF 2017 SLP C NO.31405/2016 road alongwith some other labourers.
Respondent No.2 and insurance companypany respondent No.3 have number entered their appearance.
BANUMATHI, J. Leave granted.
Appellants who are the sons and daughter of the deceased Chanchali Nayak have filed this appeal seeking enhancement of companypensation for the death of their mother in the road accident on 29.09.1991 as against companypensation of Rs.70,600/ awarded by the tribunal and affirmed by the High Court of Orissa.
