- (1.) THIS appeal is preferred by the appellants/claimants against the judgment dated 30th May, 2009 passed by the learned Judge of Motor Accident Claim Tribunal, Fast Track Court -1, Bongaon, North 24 -Parganas in M.A.C. case No. 3 of 2008 by which the learned Tribunal awarded compensation of Rs. 2,75,000/ -. The brief fact of the case made out by the appellants before the Tribunal is that one Niranjan Pramanik sustained injuries due to motor accident on 6th April, 2005 and ultimately succumbed to those injuries in the hospital on that date. The appellants being the legal heirs of the deceased have claimed compensation of Rs. 5,90,000/ - before the Tribunal by filing application under Section 166 of the Motor Vehicles Act, 1988. The respondent - Insurance Company contested the claim before the Tribunal but the owner of the offending vehicle did not contest the claim.
(2.) BY challenging the award of the Tribunal, the learned Advocate for the appellants submits that the Tribunal has failed to consider the proper income of the deceased. It appears from the judgment that the Tribunal has assessed the income of the deceased at Rs. 2,500/ - per month though specific evidence about the income of the deceased is not adduced by the appellants. In the absence of any evidence on record with regard to the income of the deceased, this Court is unable to fix the income of the deceased as Rs. 3,000/ - per month as contended by learned Advocate for the appellants. It is relevant to point out that the wife of the deceased who deposed as P.W.1 before the Tribunal did not utter even any single word about the income of the deceased. Accordingly, this Court is of the view that the income of the deceased as assessed by the Tribunal should not be disturbed.
(3.) THERE is no dispute with regard to the age of the deceased as held by the Tribunal. No grievance is ventilated about the application of multiplier by the Tribunal for assessment of the compensation. By applying the multiplier 16 and by assessing the income of the deceased at Rs. 2,500/ - per month and by deducting 1/3rd amount of the income for personal expenses of the deceased, the total loss of dependency calculated by the Tribunal is Rs. 3,20,000/ -. The Tribunal awarded Rs. 5,000/ - towards general damage, that is, Rs. 2,000/ - for funeral expenses and Rs. 3,000/ - for loss of consortium. Learned Advocate for the appellants submits that the amount of general damage should be increased to Rs. 9,500/ - including loss of consortium. Accordingly, the amount of general damage is calculated at Rs. 9,500/ -. Thus, the total amount of compensation will be Rs. 3,29,500/ -. Learned Advocate for the appellants submits that the amount of compensation of Rs. 3,25,000/ - after deduction of Rs. 50,000/ - already awarded under Section 140 of the Motor Vehicles Act, l988, has been deposited by the respondent -Insurance Company before the Tribunal and withdrawn by the appellants.;