NEW INDIA ASSURANCE COMPANY LTD Vs. KANAN BHOWMIK; MAHANANDA BHOWMIK; RITA BHOWMIK; GOUTAM BHOWMIK; RIPA BHOWMIK; RAKHAL CH BANIK

JUDGEMENT

(1.) This appeal by the Insurance Company is directed against the award dated 22.12.2014 passed by the learned Motor Accident Claims Tribunal, Court No.4, West Tripura, Agartala in TS (MAC) No. 531 of 2012 whereby the learned Tribunal awarded a sum of Rs.12,50,000/- in favour of the claimants.

(2.) The facts briefly stated are that the claimants filed a petition under Section 166 of the Motor Vehicles Act, 1988 claiming compensation in respect to the death of Uttam Bhowmik who is the son of claimants, Smti Kanan Bhowmik and Shri Mahananda Bhowmik and brother of the other three claimants. It was alleged that the deceased was a mason earning about Rs.15,000/- per month. The learned Tribunal held that the deceased had died in a motor vehicle accident due to rash and negligent driving of the driver of vehicle bearing registration No. TR-01-3724 (Commander Jeep). This vehicle was insured with the appellant insurance company.

(3.) The learned Tribunal went on to hold that the age of the deceased was between 18 to 24 years. He assessed the income of the deceased at Rs.250/- per day or Rs.7500/- per month, added 50% for the future prospects and assessed the income at Rs.11250/- and has deduced 50% of the income for personal expenses of the deceased and has awarded compensation of Rs.12,50,000/-.