SWAPNA DEBNATH Vs. SUKLAL DEBNATH

JUDGEMENT

(1.) This appeal is filed by the original claimants seeking basic enhancement of compensation awarded by the Motor Accident Claims Tribunal No.1, West Tripura, Agartala, by the impugned award dated 16.11.2017 passed in Title Suit (MAC) No.66 of 2017.

(2.) Brief facts are as under:

(3.) Neither the insurance company nor the owner filed appeal against the said Judgment and award of the Claims Tribunal. The question of negligence has, therefore, achieved finality. Only issue in the present appeal is with respect to computation of compensation payable to the claimants. In this context, the claimants had examined Swapna Debnath, widow of the deceased before the Claims Tribunal. In her sworn affidavit, she had stated that the deceased was engaged in colouring work from which he would earn Rs.400/- per day. His monthly income was thus Rs.12,000/-. In the cross-examination of this witness, neither the owner nor the insurance company challenged her declaration that her husband was a skilled worker and regularly doing the job of painting. I must therefore, proceed on such basis. Despite this, the claim of the widow that the deceased was earning Rs.12,000/- per month at the time of accident, cannot be accepted in its entirety. Even as a skilled worker though the deceased would be expected to earn Rs.400/- per every day that he did the work, it is difficult to believe that he got work for every single day in the month or even if he would get such work continuously, he would be able to do the work every single day without rest. A fair assessment of his income therefore, could be Rs.10,000/- per month which would be approximated by considering 25 days of actual working in a month @ Rs.400/- per day. To this, there would be increased by 25% as per the decisions of Supreme Court in case of Sarla Verma (Smt) and others vs. Delhi Transport Corporation and another, reported in (2009) 6 SCC 121 and National Insurance Company Limited vs. Pranay Sethi and others reported in (2017) 16 SCC 680. This would bring his prospective monthly income to Rs.12,500/-. Look into 3 dependents, one-third would be deducted for the personal expenditure of the deceased living a net of Rs.8,333/- (rounded off to Rs.8,350/-) per month or Rs.1,00,200/- per annum, applying a multiplier of 14, loss of dependency benefits would come to Rs.14,02,800/-.