THE BRANCH MANAGER, NATIONAL INSURANCE COMPANY LIMITED GANGTOK BRANCH Vs. SHRI PANKAJ KUMAR BALABHAI KAPADIA

JUDGEMENT

(1.) Contending that the Learned Motor Accidents Claims Tribunal, North Sikkim, at Mangan (for short "Learned Claims Tribunal"), was in error in granting compensation to the tune of Rs.40,05,500/- (Rupees forty lakhs five thousand and five hundred) only, in MACT Case No.13 of 2014, the instant Appeal assails the Award of the Learned Claims Tribunal on the following grounds :

(2.) Resisting the grounds put forth by the Appellant, Learned Counsel for the Respondents No.1 to 3 argued that the income of the deceased was calculated at ?rd of the income of her deceased husband as per Schedule 2 of the Motor Vehicles Act, 1988. Once loss of dependency is calculated, as a corollary, there would be loss of future prospects as well and therefore, calculations made thereof does not tantamount to an error on the part of the Learned Claims Tribunal. It was next contended that the finding in a Criminal Court has no bearing before the Motor Accidents Claims Tribunal where it would suffice to prove that there is a preponderance of probability, while in a Criminal matter the standard of proof is to establish the case "beyond reasonable doubt". The multiplier adopted is based on the age of the deceased and cannot be said to be incorrect as the Hon'ble Apex Court in Amrit Bhanu Shali and Others v. National Insurance Company Limited and Others (2012) 11 SCC 738 has held as follows :

(3.) I have heard the submissions of Learned Counsel at length and given careful consideration to the same. I have also carefully perused the impugned Judgment and the records of the case.