NATIONAL INSURANCE COMPANY LTD. Vs. DEBIKA SHIL

JUDGEMENT

(1.) This appeal is filed by the insurance company to challenge the computation of compensation awarded by the Motor Accident Claims Tribunal, West Tripura, Agartala in Case No. T.S (MAC) 356 of 2014 by the impugned award dated 20th September, 2017.

(2.) Brief facts are as under : One Nityananda Shil was travelling from Amarpur to Dalak Bazar on 19th June, 2014 at about 6.45 in the morning. He was riding on a motorcycle. His son was sitting behind him. Near Kawamara bridge, the vehicle collided with the Maruti Omni bearing registration No.TR-03-D- 0255 coming from the opposite direction causing fatal injuries to the motorcyclist. His widow, minor son and aged mother, therefore, filed the said claim petition claiming compensation of Rs.37,26,440/- from the owner and insurer of the motor car involved in the accident.

(3.) The Claims Tribunal held that the accident occurred due to sole negligence of the driver of the car. With respect to computation of compensation, the Tribunal noted that the deceased was a life insurance agent. His income tax returns for the assessment years 2012-13, 2013-14 and 2014-15 were produced on record. On the basis of such income tax returns the Tribunal came to the conclusion that the deceased was earning Rs.22,336/- per month. The Tribunal referred to the decision of the Supreme Court in case of Rajesh and others v. Rajbir Singh and others reported in 2013 ACJ 1403 and granted 30% rise for future income to arrive at the prospective income of the deceased at Rs.29,037/- per month. The Tribunal deducted 1/3rd for the personal expenditure of the deceased and applied a multiplier of 14 looking to the age of the deceased which was shown to be 44 years at the time of accident. The Tribunal thus awarded a sum of Rs.32,52,144/- towards loss of dependency benefits to the claimants. The Tribunal then added a sum of Rs.1,00,000/- for the widow as loss of consortium, Rs.25,000/- for funeral expenses and Rs.25,000/- in favour of a minor son towards loss of affection, care and guidance. The Tribunal thus arrived at a grand total of Rs.34,02,144/- to be paid to the claimants with simple interest @ 6% per annum from the date of claim petition till actual payment.