SHOSMITHA BHOWMIK (MODAK) SUSMITA Vs. PINTU DAS

JUDGEMENT

(1.) This appeal is filed by the original claimants seeking enhancement in compensation awarded by the Motor Accident Claims Tribunal, West Tripura, Agartala by impugned award dated 10.10.2018 in T.S. (MAC) No.183 of 2015.

(2.) Brief facts are as under: On 07.03.2015, one Suman Modak was driving his motor cycle. At about 1.45 in the afternoon at Chandrapur near Rajashree Motors, Assam- Agartala road, another motor cycle coming from the opposite direction collided with the said motor cyclist, causing fatal injuries. His widow, minor daughter and mother therefore filed a claim petition before the Tribunal seeking compensation of Rs.47,10,000/- from the owner and insurer of the vehicle involved in the accident. The Claims Tribunal in the impugned award held that the accident occurred due to sole negligence of the motor cyclist, who had collided with the deceased. While computing the compensation, the Tribunal held that the age of the deceased was 32 years which was on the basis of the Adhar card produced by the claimants. Regarding his income, the claimant No.1 widow of the deceased had deposed that the deceased was engaged as a driver of the truck earning Rs.15,000/- per month. His driving license was produced on record. However, in absence of any further evidence of his occupation, the Tribunal held that he was an unskilled labourer and assessed his income at Rs.5,000/- per month on the date of accident. The Tribunal thereafter granted 40% of future rise, applied a multiplier of 16 and deducted onethird for his personal expenditure to arrive at a loss of dependency benefit of Rs.8,96,000/-. To this, Tribunal added Rs.70,000/- towards the conventional heads and granted a total compensation of Rs.9,71,000/- by adding a further sum of Rs.5,000/- towards transportation charges.

(3.) Appearing for the claimants, learned counsel Mr. Saugat Datta submitted that the widow of the deceased had also deposed orally that he was engaged as a driver. The Tribunal therefore committed an error in assessing the income of the deceased as an unskilled labourer.