SOVA RANI DAS Vs. SUMANGAL DEY

JUDGEMENT

(1.) This appeal for enhancement of compensation is directed against the award dated 05.09.2012 passed by the learned Motor Accident Claims Tribunal, Belonia, South Tripura, in Case No. T.S. (MAC) 17 of 2012 whereby, he awarded a sum of Rs.95,000/- in favour of the claimants.

(2.) To say the least, the award discloses that the Presiding Officer of the Tribunal had scant knowledge of the provisions relating to grant of compensation in death cases.

(3.) The undisputed facts are that the deceased was aged about 69 years at the time of his death. He was a pensioner and his sole income was from family pension of Rs.5,623/- which was getting at the time of his death. The learned Tribunal held that after his death, the wife of the deceased was already getting Rs.3,468/- and since the difference was about the same as deduction of one-third he held that no financial loss had been caused to the widow. He further went on to hold that the claimant would only be entitled to the loss on account of no fault liability and according to him this should be assessed at Rs.80,000/- instead of Rs.50,000/-. He added a sum of Rs.10,000/- for loss of consortium, Rs.5,000/- for funeral expenses and awarded Rs.95,000/-.