ORIENTAL INSURANCE CO. LTD. Vs. MALINA BASUMATARY

JUDGEMENT

(1.) Heard Mr. S.K. Goswami, learned counsel for the appellant/Insurance Company in MAC Appeal No. 329/2017. Mr. A. Dasgupta, learned Senior Counsel appears for the respondent No. 1/claimant in MAC Appeal No. 329/2017. Mr. S.R. Nawaz, appears for respondent Nos. 2 and 3 in MAC Appeal No. 329/2017.

(2.) The two appeals have been filed by the Insurance Company and the claimant respectively against the judgment dated 29.03.2017 passed by the learned Member, MACT, Kokrajhar in MAC Case No. 70/2016, by which compensation of Rs. 17,63,000/- along with interest @ 6 % per annum from the date of filing the claim petition till final payment was paid.

(3.) The brief facts of the case is that the bachelor son of the claimant died in a motor accident on 02.09.2016, when a Tata Indigo car hit the motor cycle, which the claimant's son was riding. A claim petition under Section 166 of the M.V. Act, 1988 was filed. The claimant in the claim petition stated that the deceased was 19 years of age at the time of his death, i.e. on 02.09.2016. He was a sub-contractor/manager working for a class-I (A) contractor (PW No.3). Though the claimant (PW-1) along with the contractor (PW-3) gave evidence to the effect that the deceased was earning Rs. 25,000/- per month, the learned Tribunal fixed the income of the deceased at Rs. 8,000/- per month and awarded the compensation amount of Rs. 17,63,000/- along with 6 % per annum, as indicated above.