NATIONAL INSURANCE CO LTD Vs. AMESH MONDAL

JUDGEMENT

(1.) This is an appeal against the judgment and award dated 6.7.2005 passed by learned Motor Accidents Claims Tribunal, 3rd Court in M.A.C. Case No. 1 of 2005. The backdrop of the present case may briefly be stated as follows: On 25.7.2003 at about 4.30 p.m. one Debabrata Mondal alias Debu was knocked down by a vehicle bearing No. WMH 5325. Such accident was caused due to rash and negligent driving of the said vehicle. As a result, the victim sustained serious injuries and succumbed to the same. He was a boy of 11 years, studying in Class V. Over such accident, the legal heirs and representatives of the victim filed an application under section 166 of the Motor Vehicles Act claiming compensation. The said case was resisted by the present the respondent-appellant National Insurance Co. Ltd. Learned Tribunal after taking into consideration relevant facts and materials by the impugned judgment and award directed the present appellant insurer to pay an amount of Rs. 1,75,000 to respondents-claimants. Such amount was in addition to the amount of Rs. 50,000 which was earlier paid to the respondents-claimants in response to an application under section 140 of Motor Venicies Act.

(2.) The only point raised at the time of hearing of the instant appeal by Mr. K.K. Das, learned counsel for the appellant is that learned Tribunal was not justified in giving an award in excess of Rs. 1,50,000 in the facts and circumstances of the present case. Mr. Das, learned counsel, has in fact referred to the few judgments passed by this court as well as by the Supreme Court where an award of Rs. 1,50,000 was awarded in case of death of minor and it was done on the basis of the notional income of Rs. 15,000 per annum.

(3.) Mr. Das, learned counsel has sought to further clarify his submission by referring to the fact that the learned Tribunal did not deduct 1/3rd of the amount of the notional income which was not in tune with the spirit of the chart, that is, the Second Schedule to the application under section 163-A of the Motor Vehicles Act.