AKINCHAN CHAKRABORTY Vs. SHIBU BHATTACHARJEE

JUDGEMENT

(1.) Heard Mr. P.S. Roy, the learned counsel for the appellants and Mr. K. Bhattacharji, the learned counsel for the respondent No.2. No representation from the respondent No.1. The appellant is aggrieved by the award dated 07.05.2013 passed by the learned Member, Motor Accident Claims Tribunal, Court No.2, West Tripura, Agartala in T.S.(MAC) NO.97 of 2011 awarding a compensation of only a sum of Rs. 4,69,000/- to the appellants for the death of their child, aged about 10 years old, at the time of accident.

(2.) Briefly stated, the facts of the case are that on 10.02.2010 at about 9.30 a.m, the deceased (Anamika Chakraborty) was proceeding with her mother i.e. the appellant No.2 by the left side of the road, one motorbike bearing registration No.TR-01-L-5508, which was also proceeding from Simna side on the Agartala-Simna road towards Panchabati in a high speed and in a rash and negligent manner, hit the deceased on her back side. This resulted in causing several serious injuries to her, who was then taken to the nearest hospital namely, Katlamara hospital by a reserved vehicle. She was subsequently transferred to AGMC and thence to GBP hospital Agartala, but succumbed to her injuries on 10.02.2011. There is no dispute about the factum of the accident which resulted in the death of the deceased. The appellants are dissatisfied with the quantum of compensation awarded to them by the Tribunal and, therefore, prefer this appeal for enhancement of the compensation so awarded.

(3.) The learned counsel for the appellant submits that the Tribunal has grossly erred in determining the notional income of the deceased at Rs. 15,000/- per annum and by applying a multiplier of 15, awarded a sum of Rs. 2, 25,000/-, to which a sum of Rs. 50,000/- was added for loss of expectation, financial and moral support as well as loss of company of the child etc. and another sum of Rs. 5,000/ by way of funeral expenses. Thus, the total amount of compensation awarded by the Tribunal came to Rs. 2, 80,000/- which, according to the learned counsel, is on the lower side. According to the learned counsel, the Tribunal ought to have determined the notional income of the deceased at Rs. 30,000/- as in the case of Kishan Gopal & Anr vs Lala & Ors, 2013 ACJ 2594.