UNITED INDIA INSURANCE CO LTD Vs. BHUBAN DAS

JUDGEMENT

(1.) This is an appeal by the United India Insurance Company Ltd. against the judgement and award dated 17.05.2008 passed by the Motor Accident Claims Tribunal, Cachar, in MAC Case No.642 of 2007.

(2.) THE findings as returned by the Tribunal as regards the accident that occurred on 02.05.2007 for the rash and negligent driving of the offending vehicle (Tata Sumo) bearing registration No. AS -11B/5318, death of one Bhuban @ Buban Das aged about 13 years, son of the claimant and the insurance cover of the said vehicle by the appellant are not in dispute by either of the parties or in the appeal. As such those findings stand affirmed requiring no further appraisal.

(3.) MR . S. Dutta, learned counsel appearing for the appellant submitted that while the claim was filed under Section 163A of the Motor Vehicles Act, 1988, the Tribunal has no authority to travel beyond the Second Schedule as appended to the Motor Vehicles Act, 1988 for assessing the damage. But in this case the Tribunal has awarded general damages to the extent of Rs. 15,000/ - which is not sustainable. Further that 1/3rd of the notional income ought to have been excluded from the income of the minor boy as personal expenses.