NEW INDIA ASSURANCE CO LTD Vs. NIYATI KUMAR

JUDGEMENT

(1.) THIS appeal filed by New India Assurance Company Limited, is against a judgement and award passed by the Motor Accident Claim Tribunal, Purulia in MAC Case No 86 of 2005, whereby the learned Tribunal awarded Rs.2,65,000/ - jointly in favour of the applicants, being the respondent Nos.1 and 2 herein and directed the appellant insurer to issue a cheque of Rs.1,00,000/ - to the claimant respondent number 2, that is, the father of the deceased victim, and Rs.1,65,000/ - to the claimant respondent No.1, that is, the mother of the deceased victim, after deduction of any amount, that might have already been paid to the claimants under Section 140 of the Motor Vehicles Act.

(2.) THE judgement and/or award of the learned Tribunal under appeal reveals that the respondent claimants claimed compensation of Rs.8,00,000/ - on account of the death of their son, in an accident, caused by a bus bearing the registration number WB ­ 55 2848, which was insured by the appellant insurer. The claimants claimed that their son, who was 21 years of age, and a bachelor at the time of his death, earned Rs.6,500/ - per month as a television mechanic.

(3.) ON consideration of the entire facts and circumstances of the case, and on consideration of the materials and the evidence on record, the learned Tribunal awarded to the claimants, compensation of Rs.2,00,000/ - on account of the death of the victim, by assuming his income to be Rs.15,000/ - per annum, deducting 50% therefrom, on account of personal expenses which the victim would have incurred had he been alive, and thereafter multiplying the balance 50% of his income with the multiplier 20.