RAKHI SARKAR Vs. ASHIM SINGH S/O. RAJESWAR SINGH
LAWS(TRIP)-2021-2-54
HIGH COURT TRIPURA
Decided on February 19,2021

Rakhi Sarkar Appellant
VERSUS
Ashim Singh S/O. Rajeswar Singh Respondents

JUDGEMENT

Akil Kureshi,J. - (1.) This appeal is filed by the original claimants seeking enhancement of the compensation awarded by Motor Accident Claims Tribunal, West Tripura, Agartala, under its award dated 2nd August, 2019 passed in Title Suit (MAC) 105/2017.
(2.) Brief facts are as under : Appellants are original claimants. On 29th April 2017, one Haripada Sarkar met with a vehicular accident causing his death. His widow, aged mother and two minor daughters filed the said claim petition claiming compensation from driver, owner and insurer of the vehicle involved. According to the claimants, deceased was a mason, aged about 45 years and earning Rs.10,000/- per month at the time of accident. The Tribunal believed that the accident was caused solely due to the negligence of the driver of the vehicle which was duly insured. Regarding compensation, the Tribunal believed that the income of the deceased has to be Rs.6,000/- per month on the ground that there was no evidence to suggest that he was a skilled labourer. The Tribunal, therefore, applied the standard of earning of unskilled labourer. The Tribunal thereafter granted 25% rise for future income applying the ratio of the decision in the case of National Insurance Company Limited v. Pranay Sethi and others reported in (2017) 16 SCC 680 and deducted one fourth for the personal expenditure of the deceased looking to the number of dependence as provided by the Supreme Court in case of Sarla Verma and Ors. v. Delhi Transport Corporation and another, reported in (2009) 6 SCC 121. The Tribunal by this process arrived at a figure of Rs.9,45,000/- towards loss of dependency benefits. To this, Tribunal added Rs.40,000/- towards loss of consortium, Rs.15,000/- each for loss of estate and funeral expenses to come to the grand total of Rs.10,15,000/-.
(3.) Counsel for the appellant submitted that the Tribunal committed a serious error in assessing the income of the deceased at Rs.6,000/- though it showed that he was a skilled worker. He also pointed out that the Tribunal has not awarded any compensation for loss of love and affection and has also awarded a combined compensation of Rs.40,000/- under the head of loss of consortium.;


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