SANGHITA CHAKRABORTY (BISWAS) Vs. KHOKAN DAS

JUDGEMENT

(1.) On 15/1/2012 Shri Debabrata Biswas expired as a result of motor vehicle accident. His legal heirs, namely, Smt. Sanghita Chakraborty (Biswas) and Smt. Debadrita Biswas preferred a claim petition under Sec. 166 of the Motor Vehicles Act, 1988 which vide impugned award dated 01-07- 2015 passed by the learned Member, Motor Accident Claims Tribunal, West Tripura, Agartala in T.S.(MAC) No.376 of 2012 titled as Smt. Sanghita Chakraborty (Biswas) & others v. Khokan Das & others, the same stands allowed entitling the claimants to a sum of Rs.19,75,000.00(Rupees nineteen lakh seventy five thousand) as compensation along with interest @ 9% per annum from the date of filing of the petition i.e. 29-08- 2012 till realization of the said amount.

(2.) The challenge to the award, limited in nature, in view of the decision rendered by this Court dtd. 17/6/2015 passed in Mac App No.02 of 2010 titled as Tarun Kumar Reang v. Rakesh Debnath and Others and the decision of the Constitution Bench of the Apex Court in National Insurance Company Limited v. Pranay Sethi and Others reported in (2017) 16 SCC 680 are unsustainable in law.

(3.) Before the trial Court, the claimants could not prove the salary certificate placed on record. In terms of this certificate dtd. 14/3/2012, the deceased was gainfully employed with DTDC Courier and Cargo Ltd., a private organization. Unfortunately none from the company, nor the author of this certificate has stepped into the witness box to depose and verify the contents thereof. As such, this certificate on which much reliance is placed, seeking enhancement of compensation is of no use and benefit to the claimant. The certificate in question is not a public document and unless and until proven in accordance with law, cannot be looked into.