NATIONAL INSURANCE CO. LTD. Vs. DEVA BALA BARUAH

JUDGEMENT

(1.) Heard Mr. R. Goswami, learned counsel appearing for the appellant/petitioner as well as Mr. H. Buragohain, learned counsel appearing for the respondent no. 4 and none appears for the other respondents.

(2.) This appeal has been filed by the National Insurance Company Limited, insurer of the offending vehicle bearing no. AS-04/E-3239 (Mini Truck) challenging the award of compensation on the head of deduction for personal and living expenses of the deceased, against the judgment and order dtd. 25/8/2014 passed by the learned Member, MACT, Sivasagar in MAC case no. 17/2008.

(3.) There is no dispute with regard to accident and the liability fixed by the Tribunal. It is only on the submission that the Tribunal was not following the law while deducting towards personal and living expenses of the deceased on calculating award. No other point has been raised in the appeal. As such, the point to be decided in this appeal that what will be the deduction for personal and living expenses while mother is the sole survivor.