NEW INDIA ASSURANCE CO LTD Vs. ASIMA GHOSH

JUDGEMENT

(1.) This appeal is against a judgment and award dated 6th August, 2010 passed by the Motor Accident Claims Tribunal/Additional District Judge, Fast Track, Fourth Court, Paschim Medinipur in MAC Case No. 630 of 2006, being an application for compensation under section 166 of the Motor Vehicles Act 1988, hereinafter referred to as 'the 1988 Act'. The claimants in the claim application were Smt. Moumita Ghosh, wife of the deceased victim, late Deba Prasad Ghosh and Smt. Asima Ghosh, mother of the said deceased. It was the case of the claimants that the victim was traveling from Contai to Kharagpur in a hired Ambassador Car bearing the registration No. WB-30/5619 along with his colleague, Saradindu Karmakar.

(2.) At a place called Luluchak within Police Station - Belda, the said Ambassador car in which the victim was traveling, was hit by a truck coming from the opposite direction, which was being driven in a rash and negligent manner. As a result of the said accident, which took place on 28th May, 2004, the victim died. On the face of the records, the victim was a married man.

(3.) By the judgment and award under appeal, the learned Tribunal awarded compensation of Rs. 16,89,812/-, taking into account the income of the victim at the time of his death, deducting one-third of the income towards personal expenses and applying the multiplier applicable to the age group to which the victim belonged.