Decided on December 05,2019

Kusum Kali Tripura Appellant
Md. Ajmir Uddin Respondents


AKIL KURESHI,J. - (1.)This appeal is filed by the claimants seeking enhancement of compensation awarded by the Motor Accident Claims Tribunal, West Tripura, Agartala under the award dated 21.12.2018 passed in Title Suit (MAC) No.203 of 2015.
(2.)Brief facts are as under:
One Dharmendra Tripura aged about 34 years, was travelling on his bicycle at 8 p.m. on 17.06.2015 when he was hit by a Maruti Alto car causing serious injuries. He was shifted to a Government hospital where he succumbed to the injuries on 4th July, 2015. He was stated to be a skilled meson survived by his aged parents, widowed wife, a son and a daughter. These claimants, therefore, filed the above mentioned claim petition seeking compensation of Rs.64,95,000/- from the owner and insurer of the vehicle involved in the accident. The Claims Tribunal believed his income to be Rs.6,000/- per month as against Rs.15,000/- claimed by the claimants, deducted one-fifth for the personal expenditure of the deceased, applied a multiplier of 16 and worked out the loss of dependency benefit at Rs.9,22,000/-to which he added Rs.40,000/- towards loss of consortium, Rs.25,000/- towards funeral charges and Rs.10,000/- towards loss of estate. He further granted Rs.16,318/- for medical expenses and Rs.25,000/- towards cost of transportation.

(3.)Appearing for the claimants learned counsel submitted that the income of the deceased was wrongly assessed at Rs.6,000/- per month. He was skilled meson and not a labourer as believed by the Tribunal.

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