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Judgment
Rajasekhar Mantha, J
The instant appeal is directed against the judgment and order dated 23.04.2012 passed by the Motor Accident Claim Tribunal, Suri, Birbhum in MACC
41/2011.
The facts of the case are not in dispute and are available in the impugned judgment. What is assailed is that the quantum of compensation awarded.
It is argued that admittedly the victim was the owner of a private vehicle and was running it for commercial purposes. The claimants are the wife, two
minor children and the parents of the deceased.
This court is of the view that the income of Rs. 3000/- taken by the learned court below is far less for a person operating a private car. However, this
court notices that the ownership of the private car by the deceased has not been proved. There is no document to suggest that the car was registered
or used of commercial purposes.
Since there is some evidence to indicate that the deceased was a driver of the vehicle, this court is inclined to increase the monthly income of the
deceased from Rs. 3000/- to Rs. 4000/-.
The conventional heads have not been assessed. The deduction towards personal expenses should be ¼ since there are four dependants. The
multiplier is also incorrectly implied. The future prospects have also not been considered by the learned court below.
In that view of the matter, the compensation amount to the claimant appellants is hereby re-assessed as follows.
Compensation amount of Shyamali Karmakar:
Monthly Income :
Rs. 4,000.00
Yearly Income :
Rs. 48,000.00
Less: Personal Expense ¼ :
Future Prospect
 36,000.00
 9,000.00
 45,000.00
Multiplier ‘14’ :
(x) Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â 14
6,30,000.00
Additional General Damages :
(+) Â Â Â Â Â Â 70.000.00
Total Compensation :
7,00,000.00
The appellant shall be entitled to compensation assessed at Rs. 7,00,000/- together with 8% p.a. on and from the date of filing of the claim petition in
the learned tribunal.
Out of the aforesaid sum, the sum of Rs. 3,69,500/-admittedly received by the claimants shall be deducted and the balance paid by the insurance
company within a period of one month from the date of receipt of the bank particulars of the claimants from the learned counsel appearing on behalf
of the appellants.
The payment shall be made to the claimants in the proportion ordered by the learned court below by NEFT/RTGS. The apportionment of payment
shall also to be made in terms of the impugned judgment as ordered by the Learned Tribunal.
The insurance company shall note that the payment on account of minor children shall be made to the account of the mother of the deceased as their
legal guardian.
With the above observations, the instant appeal is disposed of. In view of the above, the application being CAN 941 of 2018 also stands disposed of.
There will be no order as to costs.
Urgent certified photostat copy of this order, if applied for, shall be given to the parties as expeditiously as possible on compliance of all necessary
formalities.