PUJA SARKAR Vs. ORIENTAL INSURANCE CO. LTD.

JUDGEMENT

(1.) For the death of Abhijit Sarkar, a minor boy aged about 12 years, in a motor vehicle accident, occurred on 04.02.2005 at about 12.45 PM (noon) at Kaman Chowmuhani, Agartala town, his parents Hrishikesh Sarkar (since deceased) and Dipali Sarkar, presented a petition under Section 166 of Motor Vehicles Act, 1988 (herein after for short the Act), which was registered as Case No.T.S.(MAC) 110 of 2005 and the learned single Member, Motor Accident Claims Tribunal on inquiry and trial found the offending vehicle TR-01B-1659 (Truck) as guilty of rash and negligent driving, resulting the accident causing severe injury on the head and other parts of the body of minor boy Abhijit, as a result of which, Abhijit succumbed to the injuries at the I.G.M Hospital on the same day. The Tribunal awarded a compensation of Rs.1,54,000/- (Rupees one lakh fifty four thousands) in all to the claimant petitioners (parents) and directed respondent No.1, Oriental Insurance Company Ltd. to make payment of the compensation. The petitioners were not happy with the quantum, so determined by the Tribunal and hence this appeal under Section 173 of the Act.

(2.) Heard learned counsel, Mr. Ratan Datta for the appellants and learned counsel, Mr. Sankar Lodh for the respondentInsurance Company. Respondent No.2 (owner) of the offending vehicle has chosen to remain absent.

(3.) Learned counsel, Mr. Datta has submitted that the Tribunal adopted the provisions prescribed in the Second Schedule of the Act for determining compensation since the deceased was a minor boy having no personal income. The Tribunal fixed his notional income at Rs.15,000/- per annum as specified in item No.6 of second Schedule and determined the compensation applying the multiplier of 15 as prescribed in item No.1 of the said Schedule. It is contended by learned counsel, Mr. Datta that there is nothing prescribed in item No.6 for deduction of one-third from the amount ascertained, towards maintaining the child himself, since the child was absolutely dependent on his parents. He has also contended that the law laid down by the Apex Court in Case of Santosh Devi Vs. National Insurance Company Ltd. (Civil Appeal No.3723 of 2012) should be applied in the case of the deceased and 30% increase in the total notional income should be fixed for determining compensation.