ASHIM KUMAR BANERJEE,J. - (1.) The Court below was satisfied about the genuineness of the claim, however, awarded a lump sum amount of Rs. 1.5 lakhs without having any basis. Hence, this appeal.
(2.) Learned counsel appearing for the appellants contends that the victim was carrying on business earning Rs. 3,000/- to Rs. 4,000/- per month, as per the certificate of the local Panchyat, appearing at page 28 of the paper book.
(3.) The victim was a bachelor and left him surviving his parents. Mother was 45 years old at the time of the accident. In this backdrop, if we apply the Second Schedule to the Motor Vehicles Act, 1988, the compensation would be much more. In our view, although the claim was made under Section 166 of the said Act of 1988 and since there was no specific restriction in using such formula, it would be easier for us to apply the said formula while awarding of the compensation. The victim left him surviving his mother who was 45 years old. If we take the age of the mother as the key factor, it would be apt for us to apply the multiplier of 13.;