PRIYA BALA DEBNATH Vs. PRANJIT BALL

JUDGEMENT

(1.) This appeal by the claimant for enhancement of compensation is directed against the award dated 30th April, 2009 passed by the learned Motor Accident Claims Tribunal, Belonia, South Tripura in Title Suit (MAC) No. 02 of 2009 whereby he awarded a sum of Rs. 52,000/- only as compensation to the claimant-mother for the loss of her 26 years old young son.

(2.) The only question which is raised is what is the just compensation to which the claimant was entitled to?

(3.) To decide this question, it would be necessary to ascertain the income of the deceased. The claimant alleged that her son who was 26 years old was working as a plumber-cum-tube well mechanic. A certificate issued by Shri Basudeb Majumder, Member, Tripura Legislative Assembly, Agartala has been filed to the effect that the monthly income of Biswajit Debnath, the deceased was Rs. 6,000/- per month. Surprisingly, Biswajit Debnath had died on 23rd January, 2007. This certificate has been issued on 2nd September, 2008 and the certificate has been issued showing Biswajit Debnath to be alive. It is certified that Biswajit Debnath, S/O Late Bhaba Ranjan Debnath, Village Nath Colony has been permanently residing at the aforesaid address since 2000 A.D. and he belongs to Scheduled Caste/Scheduled Tribe/O.B.C. His monthly income from all source is Rs. 6,000/- per month. The manner in which the certificate has been issued leaves much to be desired. The member of the Legislative Assembly should at least have noted that Biswajit Debnath was dead. Furthermore, I fail to understand how a member of the Legislative Assembly can assess the income of a person who is a voter in his constituency. There are no means for the Member of the Legislative Assembly to assess such income and the Tribunal was absolutely right in discarding the certificate because this certificate cannot be taken into consideration while assessing the income of the deceased.