SUPERINTENDENT OF POLICE, GOMATI DISTRICT Vs. SOMA SAHA (MISS)
HIGH COURT TRIPURA
Superintendent Of Police, Gomati District
Soma Saha (Miss)
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Akil Kureshi,J. -
(1.) This appeal and the cross-objection arise out of a judgment of the Motor Accident Claims Tribunal, Gomati Judicial District, Udaipur dated 18th September, 2019 passed in T.S(MAC) APP. No.86/2015. MAC APP. No.26/2020 has been filed by the State Government and its authorities to challenge the quantum of the compensation awarded by the Motor Accident Claims Tribunal. Cross-objection is filed by original opponent No.3 Dilip Kr. Debbarma who according to the Claims Tribunal, was driving the Police vehicle at the time of accident and the accident occurred on account of his rash and negligent driving which resulted into multiple fatal injuries including to Laxmi Saha whose dependents had filed the said claim petition.
(2.) Brief facts are as under :
On 19th July 2014, deceased Laxmi Saha and her sister had set out for a morning walk in Udaipur town when a Police vehicle collided with the pedestrians causing fatal injuries to Laxmi Saha. The claimants who were sons and daughters of deceased Laxmi Saha filed the claim petition seeking compensation against the driver of the Police vehicle and the Police department. Before the Claims Tribunal, Dilip Kr. Debbarma raised a defence that he was not the driver of the vehicle when the accident took place. However, no such defence was raised by the Police department before the Tribunal. The Tribunal held that Dilip Kr. Debbarma was driving the vehicle. He being an employee of the Police department the department was also held liable to satisfy the award.
(3.) With respect to the compensation, the Claims Tribunal came to the conclusion that the deceased was earning Rs.6,000/- per month. Considering the age which was estimated at 53 years, 10% increase was granted for future rise in income. One-third of the estimated monthly income of Rs.6,600/- was deducted for the personal expenditure of the deceased. The remaining amount of Rs.4,400/- per month was projected over one year and the loss of dependency benefits was worked out at Rs.5,80,800/- by applying a multiplier of 11. To this, the Tribunal awarded further conventional sums to come to a gross figure of Rs.6,83,300/-. Thereafter, the consideration of compensation at the hands of the Tribunal took a strange turn. The Tribunal awarded a further sum of Rs.3,05,300/- which consisted of a sum of Rs.2,17,800/- towards loss of estate and other sundry sums.;
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