Jyotirmay Bhattacharya, J. - (1.) THIS first miscellaneous appeal is directed against the judgement and/or award passed by the learned Judge, Motor Accident Claims Tribunal, 2nd Court, Burdwan on 3rd January, 2009 in M.A.C. Case No. 25/89 of 2008 at the instance of the appellants who were the applicants in the claim petition before the Learned Tribunal.
(2.) THE claimant No. 1 has lost her 34 years old son in a motor accident due to rash and negligent driving of the vehicle being registration No. WGC -2501 (bus) on 22nd October, 2007. The said vehicle was insured under a policy of insurance issued by the National Insurance Company Limited. The victim was a bachelor. The claimant No. 1 (mother of the victim) claimed that the victim was a plumber by profession and he used to earn a sum of Rs. 600 -700/ - per day. The claimant No. 1 (mother) herself adduced evidence in support of her claim that her son was a plumber by profession and he used to earn a sum of Rs. 600 -700/ - per day. A co -worker has also adduced evidence in the same line as the claimant No. 1 (mother) did in support of the income of the victim. Since no documentary evidence could be produced by the claimant No. 1 (mother) in support of profession of the victim and his income, the Learned Tribunal discarded that part of the evidence of the claimant No. 1 (mother) regarding income of the victim. The Learned Tribunal assessed the compensation payable to the claimant No. 1 (mother) by accepting the annual income of the deceased as Rs. 24,000/ -. 1/3rd of the total income was deducted from the annual income of the victim on account of his personal expenses. Thus the Learned Tribunal assessed the loss of dependency of the claimant No. 1 (mother) at Rs. 16,000/ - per annum.
(3.) CONSIDERING the age of the claimant No. 1 (mother) who according to the Learned Trial Judge was aged about 55 years at the time of the victim's death, multiplier 8 was selected by the Learned Tribunal for computation of compensation in the present case. The Learned Tribunal thus held that a sum of Rs. 1,32,000/ - is payable on account of compensation to the mother of the victim, the claimant No. 1. the Learned Tribunal thus directed the Insurance Company to pay a sum of Rs. 1,32,000/ - together with interest @8% per annum on the said amount from the date of filing of the claim petition till final realisation of the compensation amount.;