BRATTI KARMAKAR Vs. DEEPANKAR KUNDU

JUDGEMENT

(1.) This is claimants' appeal for enhancement of the compensation awarded by the Additional Motor Accident Claims Tribunal, Bhanupratappur District Kanker (for short 'the Tribunal') vide award dated 30-3-2009, passed in Claim Case No. 38/2008.

(2.) As against the compensation of Rs. 7,40,000/- claimed by the appellants/claimants, unfortunate widow and minor son of deceased Nitai Karmakar, by filing a claim petition under Section 163-A of the Motor Vehicles Act, for his death in the motor accident on 16-5-2006, the Tribunal awarded a total sum of Rs. 1,62,000/- as compensation along with interest @ 6% per annum from the date of filing of the claim petition till the date of actual payment.

(3.) The Tribunal on a close scrutiny of the entire evidence led before it held the New India Insurance Company Limited, the insurer of the offending vehicle Tempo Trax bearing Registration No. C.G. 04/H-3093 liable to pay compensation to the claimants. The Tribunal assessed the income of the deceased at Rs. 15,000/- per annum on the basis of the notional income prescribed in the Second Schedule under Section 163-A of the Motor Vehicles Act. By deducting l/3rd of Rs. 15,000/- towards the personal expenses of the deceased, the claimants' dependency was assessed at Rs. 10,000/- per annum. By multiplying the annual dependency of Rs. 10,000/- with the multiplier of 15, the compensation was worked out to Rs. 1,50,000/-. By awarding further sum of Rs. 12,000/- under other heads, the Tribunal awarded a total sum of Rs. 1,62,000/- as compensation to the claimants for the death of deceased Nitai Karmakar in the motor accident. The Tribunal further directed payment of interest on the above amount of compensation of Rs. 1,62,000/- @ 6% per annum from the date of filing of the claim petition till the date of actual payment.