RUMITA BANIK Vs. RIPAN CHANDRA GHOSH

JUDGEMENT

(1.) The claimants have preferred this appeal seeking enhancement of compensation awarded by the Motor Accident Claims Tribunal, West Tripura, Agartala in Title Suit (MAC) No.177 of 2014 by the impugned award dated 11th September, 2017.

(2.) Brief facts are as under :

(3.) The Claims Tribunal held that the accident was caused due to sole negligence of the driver of the auto-rickshaw. The Tribunal reimbursed medical expenditure of Rs.40,246/- spent by the wife for the treatment of the deceased at ILS hospital at Agartala, a sum of Rs.4,88,371/- for his treatment at Kolkata, a sum of Rs.1,24,367/- was awarded for journey to Kolkata and back with one escort and one Medical Officer for his treatment at Kolkata. The Tribunal believed the age of the deceased at 43 years. In absence of any evidence of his income, the Tribunal believed his income to be Rs.5,000/- per month, granted 30% increase for future prospect, applied a multiplier of 14 and deducted 1/3rd for the personal expenditure of the deceased in order to avoid a sum of Rs.7,28,000/- towards loss of dependency benefits. To this, Tribunal added Rs.50,000/- towards loss of consortium and Rs.25,000/- towards funeral expenses. A total of Rs.14,55,984/- was, thus, awarded by the Tribunal.