PRINCIPAL CHIEF ENGINEER-CUM-SECRETARY Vs. PATRUS SUBBA

JUDGEMENT

(1.) THIS Appeal has been preferred against the judgment dated 07.06.2012 passed by the Motor Accident Claims Tribunal, East and North Sikkim at Gangtok in MACT Case No.02 of 2012 by which the State­Appellant had been directed to pay to the Respondent/Claimant compensation of Rs.11,85,398.00 along with interest @10% per annum from the date of filing the Claim Petition, i.e., 11.03.2012.

(2.) MR . J. B. Pradhan, learned Additional Advocate General appearing for the Appellant, submits that the award passed by the learned Claims Tribunal is exorbitant, in as much as, the monthly income is assessed on a basis which is unacceptable in law. It is his submission that reliance placed by the learned Claims Tribunal on two work orders of contract works pertaining to the years 2004-05 in the year 2012 and that too taking the estimated value of the contractual work as the basis for arriving at the monthly income of the Respondent/Claimant was unreasonable, unrealistic and arbitrary. Apart from this, there were also certain other issues raised by Mr. Pradhan pertaining to some payments already made to the Respondent/Claimant but not taken into consideration by the learned Claims Tribunal while passing the impugned judgment. Learned Additional Advocate General, however, submits that if the Respondent agrees to a negotiated settlement, the matter can be disposed of at this stage.

(3.) WE have gone through the award passed by the learned Claims Tribunal and have perused the basis upon which the compensation has been worked out. We find the reasons given by the learned Claims Tribunal and the basis adopted by it in paragraphs 7 and 8 of the impugned judgment which we may reproduce under:-