RENUKA SEN Vs. JAGDISH PANDEY

JUDGEMENT

(1.) This miscellaneous appeal is directed against the judgment and/or award dated 13th May, 2008 passed by the learned Judge, 4th Court, Motor Accident Claims Tribunal, at Alipore, in MAC case no. 35 of 2007 at the instance of the claimants. Here is the case where the claimants have lost their young bachelor earning son who died on 2nd December, 2004 at the age of 24 years 10 months in a road accident due to rash and negligent driving of the offending motor vehicle, bearing no. WBV 2617. At the time of his death he was employed as marketing trainee in a private limited company, namely, Lupid Limited. His gross monthly income at the time of his death was Rs. 14,708.22/-.

(2.) The learned Tribunal while computing the compensation payable to the claimants held that the gross income of the deceased cannot be taken into consideration for assessment of compensation payable to the claimants. According to the Tribunal, the basic salary of the deceased should be considered as the income of the deceased and the loss of dependency of the dependants should be computed with reference to the basic salary of the deceased. The learned Tribunal, thus, held that Rs. 5000/- which was the basic salary of the deceased per month at the time of his death should be considered as the basis for computation of the annual loss of the dependency of his dependants. Considering the age of the mother of the deceased at the time of the death of her son, the learned Tribunal calculated the compensation amount payable to the dependant parents at Rs.3,25,000/-. Since a sum of Rs.50,000/- was paid to the dependant parents under section 140 of the Motor Vehicles Act, the said sum of Rs. 50,000/- was deducted from their total entitlement of Rs. 3,25,000/- and thus the insurance company was directed to pay a further sum of Rs. 2,75,000/- to the claimants by way of compensation.

(3.) The legality and/or propriety of the said judgement and/or award is under challenge in this miscellaneous appeal.