- (1.) This appeal is against the judgment and award dated 22nd September, 2011, passed by the Motor Accident Claims Tribunal, Third Court, Krishnagar, Nadia in a claim application under Sec. 163A of the Motor Vehicles Act, 1988, being MAC Case No. 429 of 2008. The judgment and award was rendered in connection with the death of one Sanjib Pal, son of the appellant claimants, in an accident involving a truck bearing the registration No. WB -51/3874, owned by one Shyam Sundar Pal, hereinafter referred to as "the respondent owner" and covered by a policy of insurance taken out by Oriental Insurance Company Limited, hereinafter referred to as "the respondent insurer".
(2.) By the judgment and award under appeal, the learned Tribunal awarded compensation of Rs. 1,35,000/ - to the appellant claimants along with simple interest at the rate of 6% per annum from the date of the award till full payment. The compensation was computed by assuming the notional income of the victim to be Rs. 15,000/ -, and by adopting the multiplier '15', having regard to the age of the appellant claimants, being the parents and after deducting 50% from the total income of the victim towards his personal expenses since the victim was a bachelor.
(3.) Mr. Banerjee, learned Counsel, appearing on behalf of the appellants argued that the compensation amount was far too low. There was no justification at all in assuming that the victim had a notional income of Rs. 15,000/ - per year only, ignoring the evidence on record. Mr. Banerjee further argued that multiplier should have been adopted as per the age of the deceased and not the age of the appellant claimants, since the second Schedule to the Motor Vehicles Act provides for computation of compensation on the basis of the age of the victim. Moreover, Mr. Banerjee argued that deduction towards personal expenses should be one -third of the income, as provided in the second Schedule and not 50%, as directed by the learned Tribunal.;