NAKUL DEBNATH Vs. PALLAV MAJUMDER

JUDGEMENT

(1.) THIS appeal by the claimants is directed against the award dated 11 -07 -2008 passed by the learned Motor Accident Claims Tribunal, West Tripura, Agartala in case No. T.S.(MAC) 360 of 2006 whereby the learned Tribunal awarded a sum of Rs. 1,06,000/ - only in favour of the claimants.

(2.) BRIEFLY stated, the facts of the case are that the claimants are the parents of the deceased. They filed a claim petition in which it was alleged that while their deceased son Gautam was walking on the road side, the jeep bearing No. TR -01 -B -2616 owned by Pallav Majumder and insured with the Oriental Insurance Company Limited hit him from behind and as a result of the injury sustained, he died at the spot. It was also claimed that their son Gautam was working in a Grill factory as well as a private tutor and was earning more than Rs. 8,500/ - per month.

(3.) SRI B. Das, learned Senior Counsel appearing for the claimants, submits that the learned Tribunal gravely erred in assessing the income of the deceased at only Rs. 2,000/ - per month. He further submits that only 1/3rd should have been deducted for the personal expenses of the deceased and not 2/3rd. He lastly submits that the multiplier should have been used keeping in view the age of the deceased, and not the age of the parents.