MANORAMA CHAKRABORTY Vs. NEW INDIA ASSURANCE COMPANY LTD

JUDGEMENT

(1.) In this Misc. Appeal which arises out of the judgment and award dated 7.9.2000 made in M.A.C. Case No. 484 of 1996, the short question as to the correctness of the computation of compensation as awarded by the said Tribunal is involved.

(2.) The Claims Tribunal has come to the finding that the monthly income of the deceased was Rs. 3,500/- per month at the relevant point of time and the said victim was aged 39 years at the time of the accident. Even upon such finding the Claims Tribunal instead of deducting l/3rd of the amount of the said monthly income of the deceased has deducted Rs. 2,500/- from the same on account of his personal expenses and towards the costs of management of his business. The Claims Tribunal in spite of the finding that the victim was aged 39 years on the death of the accident has applied multiplier of 11 instead of 16 in breach of the guidelines as provided in Schedule I to the Motor Vehicles Act, 1988 (hereinafter called as the said Act).

(3.) The learned Counsel appearing on behalf of the respondent-Insurance Companies has not challenged the findings as to the monthly income of the victim and his age as above at the relevant point of time. Since such monthly income was the net profit earned by the victim after necessary deduction of expenses towards management of his business, we are of the view that there is no further scope of making any further deduction on such account. As per Schedule I to the said Act, a multiplier of 16 is to be applied in respect of the victim who falls in the age group of 35 to 40 years. We, therefore, hold that the computation of the compensation as made by the Claims Tribunal is wrong. The impugned judgment and award is, therefore, set aside.