SUDARSHAN MAITI Vs. NATIONAL INSURANCE CO. LTD.

JUDGEMENT

(1.) The appellants have filed this appeal feeling aggrieved and dissatisfied with the judgment and award dated 10th day of October, 2018 passed by the Ld. Judge, Motor Accident Claims Tribunal in M.A.C. Case No. 41 of 2017/ MACC 378 of 2012, thereby the Tribunal awarded a compensation to the tune of Rs.3,00,000.00 together with interest @ 6% per annum from the date of filing of claim application till recovery in favour of appellants/claimants under Sec. 163A of the Motor Vehicles Act, 1988 (hereinafter referred to as 'the Act").

(2.) Learned Advocate appearing on behalf of the appellants/claimants moved an application for expeditious hearing of the appeal on the ground that the instant appeal has been filed within 90 days as provided under Sec. 173(1) of the Motor Vehicles Act, 1988. In addition, he further submitted that the grounds of challenge of the judgment and award involve very simple issues. The Ld. Tribunal committed error in considering multiplier, general damages and for assessing less notional income of the victim, though the case is wholly based on structural formula. The Act provides the claim application filed under Sec. 163A of the Motor Vehicles Act falls under no fault liability and it is wholly based on structural formula as stipulated in Schedule II of the Motor vehicles Act, 1988.

(3.) Per contra, Ld. Counsel appearing on behalf of the respondent No.1/insurance company submitted the Ld. Tribunal has rightly considered the notional income as Rs.30,000.00= per annum and multiplier as per the age of the victim found at the time of accident and finally awarded a total sum of Rs.3,00,000.00= along with imposing interest @ 6% per annum from the date of filing of claim application till recovery in favour of appellants/claimants. Ld. Advocate further submitted that Ld. Tribunal awarded Rs.20,000.00 on account of Funeral Expenses and loss of estate though it ought to be Rs.9500.00 in total for General damages, which is required to be corrected.