- (1.) By consent of the parties the appeal is treated as on day's list and is taken up for hearing.
(2.) This appeal arises out of the judgment and award dated 30th August, 2013 passed by the learned Judge, Motor Accident Claims Tribunal, Fast Track 3rd Court, Paschim Medinipur in M.A.C.C. no. 93 of 2011 under section 166 of the Motor Vehicles Act, 1988.
(3.) Mr. Singh, learned advocate appearing on behalf of the appellant-Insurance Company relying on the grounds of the memorandum of appeal submits that the Tribunal while assessing the income of the deceased, a bachelor and by awarding a sum of Rs. 4,44,500/- as compensation against his client, failed to take into consideration the age of the parents. Submission is compensation should have been assessed considering the age of the parents of the deceased and not the deceased herself. It is submitted that the learned Judge failed to appreciate that at the time of the accident, the mother of the deceased was 56 years old. However, the learned Judge while calculating the quantum of compensation, erroneously applied the multiplier of 18 considering the age of the deceased. According to him, considering the age of the mother, multiplier of 8 should have been applied. Further, in the absence of documentary evidence the learned Judge erred in accepting the monthly income of the deceased at Rs. 4,000/- per month, which notionally should have been assessed at Rs. 3,000/- per month.;