STATE OF TRIPURA Vs. ARNABI SARKAR

JUDGEMENT

(1.) The challenge to the impugned award dtd. 17/6/2017 passed by learned Member, Motor Accident Claims Tribunal No.1, West Tripura, Agartala in case No. Title Suit(MAC) 244 of 2014, titled as Smt. Arnabi Sarkar v. The State of Tripura & others, is restricted only with regard to the quantum of compensation determined by the Tribunal. Submission is twofold; (i) the multiplier applied ought to have been 9 instead of 11, and (ii) the interest awarded had to be simple and not penal in nature.

(2.) Certain facts are not in dispute. Ashok Sarkar and his wife Ruma Das (Sarkar), since deceased, met with a motor vehicle accident on 2/5/2013, as a result of which they both sustained injuries and died on the spot. The fault was that of the driver of the offending vehicle (TR-01-D-0867-a bus owned by the State). The claimant being dependant filed a petition seeking compensation under the provisions of Sec. 166 of the Motor Vehicles Act. As against the petitioner's claim of Rs. 95,00,000.00, the Tribunal determined the compensation due and payable by the State to be Rs. 48,47,047.00 (Rs. 47,22,047.00 towards loss of dependency + Rs. 1,00,000.00 towards loss of care, love and guidance + Rs. 25,000.00 towards cost of funeral expenses). The offending vehicle was not insured.

(3.) Before this Court, it could not be disputed that Sri Ashok Sarkar (deceased) was born on 1/1/1958. In any event, certificate recording his date of birth to be so, is on record. As such, as on the date of the accident, the deceased was more than 55 years of age and considering such fact, the multiplier, in view of the Second Schedule as provided by virtue of Sec. 163A of the Motor Vehicles Act, and the law expounded in Sarla Verma and others v. Delhi Transport Corporation and another, (2009) 6 SCC 121 , has to be reduced from 11 to 9. Thus, the total compensation due and payable to the claimant would be as under:-