NINA BEGAM Vs. BABATOSH ROY

JUDGEMENT

(1.) THIS appeal for enhancement of compensation is directed against the award dated 11th December, 2006 delivered by the learned Motor Accident Claims Tribunal, West Tripura, Agartala in T.S. (MAC) No. 324 of 2001 whereby the Tribunal has awarded a sum of Rs. 52,000/ - only in favour of the claimant along with interest @ 6% per annum.

(2.) IT is not disputed that the widowed mother of the claimant died in an accident involving truck bearing registration No. AS -25B -3822. This truck was owned by Sri Babatosh Roy and insured with the Oriental Insurance Company Ltd.

(3.) AT the outset it may be mentioned that the original petition was not filed under Section 163A of the Act but under Section 166 of the Act. Furthermore, in terms of the judgment of the Apex Court in Sarla Verma (Smt.) and Others Vrs. Delhi Transport Corporation and Another: : (2009) 6 SCC 121 in a case where the claimant is aged between 61 to 65 years the multiplier require to be used was 7. As far as the income of the deceased is concerned I am of the considered view that even a house wife aged about 60 to 65 years would be contributing at least Rs. 2,000/ - to the family. Therefore, the claim of the claimant that the deceased was earning Rs. 2,000/ - was not an excessive claim and is accepted.