MAHINTRA TRIPURA Vs. UNION OF INDIA AND OTHERS

JUDGEMENT

(1.) This appeal for enhancement of compensation is directed against the award dated 16-06-2012 passed by the learned Motor Accident Claims Tribunal, Court No.3, West Tripura, Agartala in case No. T.S.(MAC) 05 of 2010 whereby the learned Tribunal awarded a sum of Rs.2,66,000/- as compensation to the claimant-father.

(2.) The undisputed facts are that the deceased Harijoy Tripura was travelling in a Gypsy vehicle belonging to the Assam Rifles which met with an accident. As a result of the injury sustained in the accident, the deceased died. The claimant is the father of the deceased. In the claim petition, he alleged that the deceased was working as an informer for the Assam Rifles and that he was earning Rs.8,000/- per month. The claimant-father has two other children who are younger to the deceased. The claimant could not produce any documentary evidence with regard to the income of his son.

(3.) It is not disputed that the mother of the deceased, i.e. wife of the claimant had already expired. The other brothers who are obviously majors were never made co-petitioners and the claim petition has been filed only on behalf of the father. The learned Tribunal assessed the income of the deceased at Rs.4,000/- per month. At the relevant time, the father was aged about 52 years. Even in the year 2009, a labourer would have earned about Rs.100/- per day or not less than Rs.3,000/- per month and if 50% is added to this amount on account of future prospects, the income would come to about Rs.4,500/- per month. Normally, when 50% is deducted, the multiplier is applied by taking into consideration the age of the deceased and not the parent. However, in this case the parent is the father and not the mother. He was not totally dependent on the deceased since the father also was a daily labourer. He also has two other sons and, therefore, even in future he would have two other persons to support him. Therefore, I deduct 50% for the personal expenses of the deceased and the loss to the father is assessed at Rs.2,250/- per month or Rs.27,000/- per annum. Multiplier of 11 is reasonable as applied and the compensation works out to Rs.2,97,000/-. In addition thereto, the father is held entitled to Rs.50,000/- for loss of his son and Rs.13,000/- as funeral expenses.