RUPA BISWAS Vs. NATIONAL INSURANCE COMPANY LTD.

JUDGEMENT

(1.) Judgement and award passed by the Learned Motor Accident Claims Tribunal, Additional District Judge, Barasat, 2nd Court, North 24 Pargans, in connection with MAC No. 75 of 2010 has been assailed by this appeal on the ground of insufficient award ignoring settled parameters for calculation of the award. It is further alleged that Ld. Judge ignored the series of Income Tax Returns showing monthly income of Rs.9,000.00 and wrongly assessed the income of the victim as Rs.15,000.00 per annum. That apart, Ld. Judge failed to add mandatory interest along with the award.

(2.) The claim petition under Sec. 166 of the MV Act, 1988, was filed with a prayer for compensation to the tune of Rs.9,90,000.00 on account of accidental death of one Pramit Kumar Biswas, aged about 42 years on 5/9/2009 at about 7.45 a.m. by the involvement of one vehicle (Bus) bearing no. WB- 25/2232. According to claim petition, on the alleged date and time, the said bus while moving with high speed and in negligent manner towards Kestopur side through VIP Road, dashed the Motor Cycle of the victim from behind. Victim sustained severe injuries and taken to R.G. Kar Medical College and Hospital where he was declared brought dead. After the accident a Police case was started being Lake Town Police Station Case No. 149 of 2009, dtd. 5/9/2009 under Sec. 279/304/427 of Indian Penal Code and charge sheet was submitted against the driver of the offending vehicle. In course of proceeding claimant being widow of the victim examined herself as PW-1. She narrated the incident of accident when her husband Pramit Kumar Biswas died. She further stated that her husband used to earn Rs.9,000.00 per month from private tuition and she submitted a good number of documents and those were admitted in evidence. In cross examination she has stated about monthly income of her husband.

(3.) PW-2, (Sushil Saha) claiming himself as eye-witness to the accident has testified before the Tribunal about rash and negligent driving of the vehicle (Bus) bearing no. WB-25/2232. In cross-examination he denied suggestions put to him.