NATIONAL INSURANCE CO LTD Vs. SANDHYA RANI SINGHA

JUDGEMENT

(1.) This appeal is directed against a judgment and award Member, Motor Accidents Claims Tribunal and Additional District Judge, 2nd Court, Hooghly, whereby and whereunder a sum of Rs. 1,85,000/- was awarded in favour of the respondents for the death occurred to the husband of respondent No. 1 and father of other respondents.

(2.) Mr. Das, learned Counsel appearing on behalf of the appellant has raised a short question in support of this appeal. Learned counsel submits that keeping in view the decision of the Supreme Court of India, the learned Tribunal erred in applying multiplying factor by 29 instead of 18. It is not in dispute that the total income had been arrived at by the learned Tribunal at Rs. 600/- per month, that is Rs. 7,200/- per year. Out of the said amount, Tribunal had deducted a sum of Rs. 35,000/- as a consolidated sum was being paid at a time. He further directed grant of Rs. 8,000/- for loss of consortium and Rs. 4,000/-for loss of love and affection.

(3.) The learned Tribunal in support of the aforementioned, contention, has relied upon the decisions in Sulochana v. Rajasthan State Road Trans. Corporation 1989 ACJ 638 (Rajasthan); Sushila v. Succha Singh 1989 ACJ 226 (Rajasthan); Nisar Fatima v. Madhya Pradesh State Road Trans. Corporation and Rajasthan State Road Trans. Corporation v. Devilal.