PURABI DEY,W/O LATE DULAL DEY Vs. NITYA GOPAL GHOSH, S/O LATE NANI GOPAL GHOSH OF FULCHARI; BRANCH MANAGER, BAJAJ ALLIANCE GENERAL INSURANCE COMPANY LTD

JUDGEMENT

(1.) This appeal filed by the claimant for enhancement of compensation is directed against the award dated 27.9.2012 passed by the learned Motor Accident Claims Tribunal, Khowai, West Tripura in case No. T.S.(MAC) 24 of 2010 whereby the learned Tribunal awarded Rs.4,55,000/- as compensation.

(2.) Since the only issue involved is with regard to assessment of compensation, it is not necessary to give the other facts of the case. Sri A. Das, learned counsel for the claimant, submits that the deceased was only aged about 23 years and the learned Tribunal erred in applying the multiplier by taking into consideration the age of the mother as between 36 to 40 years. His second submission is that if the age of the mother was to be taken into consideration, then deduction should have been 1/3rd (one third) and not 50%. Furthermore, it is submitted by him that the assessment of income has not been properly assessed and that no amount has been taken into consideration for the future prospects of the deceased.

(3.) The claimant alleged that the deceased had passed his Class-XII from Kamalpur School and had also been awarded a Diploma in Software Solutions from the Computer Society. It is not absolutely clear what was the age of the deceased because though the claimant claims that the deceased was aged 23 years, the admit card for the Madhyamik Examination held in the year 2007 shows the date of birth of the deceased as 7th January, 1991 which would mean that he was less than 20 years old at the time of the accident.