SHYAMALI NAG Vs. NIRMAL CHANDRA SARKAR

JUDGEMENT

(1.) This appeal by the claimants for enhancement of compensation is directed against the award dated 09-03-2005 passed by the learned Motor Accident Claims Tribunal, West Tripura, Agartala in T.S. (MAC) 665 of 2002 whereby the learned Tribunal awarded compensation of Rs. 4,35,688/- in favour of the claimants. The only question raised in this appeal is with regard to quantum of compensation.

(2.) The undisputed facts are that the deceased was aged 46 years and 6 months. His salary was Rs. 8,482/- per month. The learned Tribunal came to the conclusion that after deducting the amount of family pension, the claimant would have got Rs. 4,122/- per month and by taking this figure, the compensation has been calculated as aforesaid.

(3.) In my view, the approach of the learned Tribunal is totally wrong. Family pension is paid to an employee because of a contract entered into between him and the employer. Pension is granted to an employee as a reward for the service rendered by the employee. The tortfeasor cannot take any benefit of the pension which the legal heirs of the deceased may get on account of the death of the deceased.