NATIONAL INSURANCE COMPANY LTD. Vs. DEBAJYOTI SOM

JUDGEMENT

(1.) This appeal and cross objection have filed by the insurance company and original claimant respectively to challenge an award dated 12.04.2018 passed by the Motor Accident Claims Tribunal, West Tripura, Agartala in Title Suit (MAC) No.190 of 2016.

(2.) Brief facts are as under :

(3.) The Claims Tribunal in the impugned award held that the accident occurred due to the sole negligence of the driver of the vehicle involved. The Tribunal accepted that the deceased was earning Rs.9,000/- per month from his employment as an attendant at a doctor's clinic. However, his further source of income was not believed. The Tribunal applied loss of earning capacity at 75%, granted 50% rise for the future income, applied a multiplier of 14 considering the age of the claimant to come to the loss of earning at Rs.17,01,000/-. The Tribunal further awarded Rs.2,45,648/- for medical expenses. Rs.33,780/- for skin grafting and Rs. 9150/- for medicine purchases. The Tribunal further awarded a sum of Rs.1,00,000/- towards pain, shock and suffering and mental agony. The Tribunal thus awarded total compensation of Rs.20,89,578/-. This award the insurance company as well as claimant have challenged.