SUSANA DASGUPTA Vs. PAUL SARAI

JUDGEMENT

(1.) THIS appeal is at the instance of the claimants in proceeding under section 166 of the Motor Vehicles Act and is directed against an award dated 27. 7. 1998, passed by the Motor Accidents Claims Tribunal (Sixth Court of learned Additional District judge), Alipore, 24-Parganas in Motor accident Claim Case No. 10 of 1996 thereby disposing of the said proceeding by directing the insurance company to pay a sum of rs. 4,40,000 to the applicants as compensation out of which Rs. 50,000 had already been paid in a proceeding under section 140 of the said Act.

(2.) BEING dissatisfied, the applicants have come up with the present appeal.

(3.) THERE is no dispute that predecessor-in-interest of the appellants, the victim, was a typist employed in the Reserve Bank of India and he died in an accident wherein the offending vehicle was covered by the insurance of the respondent No. 1. There is also no dispute that at the time of death, the victim was aged between 40 and 41 years. It appears from the salary certificate proved in the proceeding that his gross monthly income was Rs. 8,559 and out of the said amount Rs. 800 a month was payable as income tax and Rs. 75 a month was payable as professional tax. It further appears that a sum of Rs. 100 was payable to him as conveyance allowance.