KERAMATI DEB BARMA Vs. PRAN GOPAL DEBBARMA

JUDGEMENT

(1.) The present appeal preferred under Section 173 of the Motor Vehicles Act, 1988 is directed against the judgment passed by Motor Accident Claims Tribunal, West Tripura, Agartala, in short called 'Tribunal' on 10.9.2004 in T.S. (MAC) 403 of 2002, whereby, in reference to the death of Tarani Debbarma, the husband of the appellant on 30.3.2002 in G.B. Hospital consequent upon an accident, which took place on 29.3.2002 at 5.30 p.m. on Matambari Road by rash and negligent driven vehicle bearing No. TR-01- 3322, an amount of Rs. 2,79,000/- was awarded as compensation. The earning of the deceased was claimed to be Rs. 4,500/- per month and the deceased was said to be the sole bread earner. For adjudicating the claim of compensation, issues were framed and on the basis of materials and evidences available, it was indicated that the death of Tarani Debbarma took place due to the rash and negligent driven above insured vehicle, therefore, the insurance company was held liable for making the above compensation.

(2.) For the purpose of calculation, the learned Tribunal has taken the age of the deceased as 35 years and in absence of any certificate or any material evidence or in absence of proof in support of the claim the monthly earning of the deceased was taken as Rs. 2,000/- whereas according to the earned counsel for the appellant, the deceased was doing the tailoring work and a certificate by a local MLA said to have been issued indicating that his earning was Rs. 4,5007- per month, therefore, it was reasonable to believe the income of the deceased as Rs. 4,500/- per month as disclosed by the appellant. It is pertinent to note that the certificate dated 2.7.2002 of the Member of Tripura Legislative Assembly was neither exhibited nor was analyzed by the learned Tribunal in fixation of the monthly income of the deceased. In absence of any certificate or any material or proof assuming Rs. 2,000/- as monthly income and the annual income was taken as Rs. 24,000/- and applying the multiplier of 17, the total amount was taken as Rs.,08,000/- and deducting one-third as expenses over the victim incurred for maintaining himself, the total amount of compensation was indicated as Rs. 2,72,000/- and adding Rs. 2,000/- as funeral expenses and Rs. 5,000/- for loss of consortium, a total amount of Rs. 2,79,000/- was awarded as compensation.

(3.) We have heard the learned counsel for the appellant as well as the other party and have perused the records.