ARATI DAS Vs. THE NATIONAL INSURANCE COMPANY LIMITED

JUDGEMENT

(1.) THIS first miscellaneous appeal is directed against the judgement and/or award passed by the learned Judge, Motor Accident Claims Tribunal, 2nd Court, Burdwan on 3rd January, 2009 in M.A.C. Case No. 25/89 of 2008 at the instance of the appellants who were the applicants in the claim petition before the Learned Tribunal.

(2.) THE claimant No. 1 has lost her 34 years old son in a motor accident due to rash and negligent driving of the vehicle being registration No. WGC -2501 (bus) on 22nd October, 2007. The said vehicle was insured under a policy of insurance issued by the National Insurance Company Limited. The victim was a bachelor. The claimant No. 1 (mother of the victim) claimed that the victim was a plumber by profession and he used to earn a sum of Rs. 600 -700/ - per day. The claimant No. 1 (mother) herself adduced evidence in support of her claim that her son was a plumber by profession and he used to earn a sum of Rs. 600 -700/ - per day. A co -worker has also adduced evidence in the same line as the claimant No. 1 (mother) did in support of the income of the victim.

(3.) CONSIDERING the age of the claimant No. 1 (mother) who according to the Learned Trial Judge was aged about 55 years at the time of the victim's death, multiplier 8 was selected by the Learned Tribunal for computation of compensation in the present case. The Learned Tribunal thus held that a sum of Rs. 1,32,000/ - is payable on account of compensation to the mother of the victim, the claimant No. 1. the Learned Tribunal thus directed the Insurance Company to pay a sum of Rs. 1,32,000/ - together with interest @8% per annum on the said amount from the date of filing of the claim petition till final realisation of the compensation amount.