UMA GOPE CHOUDHURY Vs. KANAI DEB

JUDGEMENT

(1.) This appeal under Section 173 of the Motor Vehicles Act, 1988 (for short 'the Act'), is directed against the judgment dated 23.3.2005 passed by the learned Motor Accident Claims Tribunal, West Tripura, Agartala in S. (MAC) 590 of 2003.

(2.) The core question to be decided in the instant appeal is whether the amount of pension can be deducted, while assessing the income of the deceased.

(3.) The appellant had filed an application under Section 166 of the Act before the Motor Accident Claims Tribunal, West Tripura, Agartala, stating, inter alia, therein that the husband of the claimant appellant died on 24.9.2003 at about 1.50 p.m. at Chalitabari Teliamura-Khowai road under Teliamura Police Station, West Tripura District, due to rash and negligent driving of both the offending vehicles, bearing Registration No. TR-01-1921 (Canter Truck) and TR-01-2994 (Commander Jeep). The deceased husband of the appellant was the passenger of the vehicle bearing registration No. TR-01 -2994 (Commander Jeep). The husband of the appellant sustained bleeding injury on his head and other parts of his body. Soon after the accident, the deceased was shifted to Teliamura Rural Hospital and attending Doctors of the hospital declared him dead on the same day after some time. The husband of the appellant was a Government employee, a Grade-II driver and he was posted in the establishment of the Assistant Director of Horticulture and Soil Conservation, Khowai Sub Division under the department of Agriculture, Tripura and his monthly salary was Rs. 7,014/ - only. The claimant- appellant claimed Rs. 29,25,000/- only as compensation.