NATIONAL INSURANCE CO LTD Vs. NIRMALA GHOSH

JUDGEMENT

(1.) In presence of the learned advocate for the parties, this miscellaneous appeal along with the above application is taken up for disposal.

(2.) The miscellaneous appeal is directed against the judgment and award dated 19.6.2004 passed in the M.A.C. No. 47 of 2003 (new) & 32 of 2003 (old) by Motor Accidents Claims Tribunal, Burdwan at Asansol. This appeal is by appellant insurance company. The claimants-respondents filed the above claim case on the death of their son in a motor accident occurred on 28.5.2002 while he was travelling in a motor cycle.

(3.) The learned Claims Tribunal after contested hearing of the above claim case came to a finding that the said victim died because of rash and negligent driving of the offending vehicle. The victim being a non-earning member of the family, his earning was taken as a notional income of Rs. 15,000 per annum and the age of the victim on the date of the accident was found to be 25 years. The learned Claims Tribunal, accordingly, awarded a sum of Rs. 1,74,500 by way of compensation to the claimants-respondents by applying the multiplier of 17 on the basis of the age of the victim on the date of the said motor accident.