CHOLAMANDALAM MS GENERAL INSURANCE COMPANY LTD. Vs. JHARNA RANI DEBNATH
HIGH COURT TRIPURA
Cholamandalam Ms General Insurance Company Ltd.
Jharna Rani Debnath
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Akil Kureshi,J. -
(1.)This appeal is filed by the insurance company to challenge an award dated 15.11.2018 passed by Motor Accident claims Tribunal No.4, West Tripura, Agartala in Case No. T.S. (MAC) 300 of 2014.
(2.)Brief facts are as under:
One Sanjit Kumar Debnath on 13.03.2014 met with a fatal vehicular accident. His widow and three sons filed the said claim petition seeking compensation of Rs.30,30,000/- from the owner and insurer of the vehicle involved in the accident. The Claims Tribunal held the driver of the vehicle negligently causing the accident. The Tribunal awarded a compensation of Rs.9,46,200/- which the insurance company has challenged in the present appeal.
(3.)Having heard learned counsel for the parties and having perused documents on record it would emerges that the deceased was aged about 53 years on the date of accident. He was running an electronic shop. Though the claimants had suggested that he was earning Rs.25,000/- to Rs.30,000/- per month, the Tribunal believed his income at Rs.12,000/- which was on the basis of the sale bills that the claimants had produced before the Tribunal. The Tribunal granted 15% rise for future income and deducted 50% for the personal expenditure of the deceased on the ground that the three major sons could not be considered to be his dependants. To the figure of Rs.8,71,200/- so arrived at by the Tribunal for loss of dependency benefits, the Tribunal added a sum of Rs.70,000/- under conventional heads as per the decision of Supreme Court in case of National Insurance Company Limited v. Pranay Sethi and others reported in (2017) 16 SCC 680 and further awarded a sum of Rs.5,000/-. Total compensation of Rs.9,46,200/- was thus awarded.
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