NATIONAL INSURANCE CO. LTD. Vs. TRIPTI PAUL CHOWDHURY

JUDGEMENT

(1.) This appeal is filed by the insurance company to challenge the award of the Motor Accident Claims Tribunal dated 25.11.2019. The claim petition was filed by the widow and two sons of deceased Bimal Paul Chowdhury who died in a vehicular accident on 04.08.2016. Since the insurance company has not questioned its liability to satisfy the award and the negligence of the driver of the insured vehicle, it is not necessary to go to the details of the nature of the accident. The counsel for the insurance company had addressed me only on the quantum of compensation awarded by the Claims Tribunal and I have focused only on this aspect.

(2.) According to the claimants, the deceased was about 60 years at the time of the accident and was engaged in whole sale business of drugs. The Claims Tribunal believe that age of the deceased at 60 years accepted his income at Rs.15,000/- per month granted future rise of 10% deducted 1/3rd for his personal expenditure applied multiplier of 9 to arrive at the loss of dependency benefit for the family at Rs.11,00,88,000/-. To this he added conventional sum of Rs.40,000/- towards loss of consortium and Rs.15,000/- each for loss of estate and funeral expenses and awarded a compensation of Rs.12,58,000/-.

(3.) Learned counsel for the petitioner submitted that there was no documentary proof of the age of the deceased. The post mortem report suggested that he was aged about 62 years. There was also no proof of the engagement of the deceased in the business of BAL drugs. He submitted that the drug licence produced by the claimants was in the name of widow of the deceased.