- (1.) THIS appeal under Section 173 of the Motor Vehicles Act is at the instance of an applicant under Section 163a of the Motor Vehicles Act and is directed against an award dated 13th August, 2007 passed by the Motor Accident Claims tribunal and Additional District Judge, First Court, Fast Track Court, Sealdah, in M. A. C. Case No. 1801 of 2006 thereby disposing of the said application by awarding a sum of Rs. 54,500-/ in favour of the appellant along with interest at the rate of 7 percent per annum from the date of filing of the claim-application till the realisation of the awarded amount.
(2.) BEING dissatisfied, the applicant has come up with the present appeal. It appears from record that the victim, a boy aged 15 years, died of an accident. The offending vehicle was admittedly insured with the New India assurance Company Limited, the respondent before us. The claimant happens to be the father of the victim. The victim had earlier lost his mother. According to the appellant, the victim was a brilliant student of Class-X studying in the South point School, Kolkata, and had a bright future. The father, therefore, filed the application as the legal representative praying for compensation to the tune of rs. 1,55,000/- with interest.
(3.) THE Tribunal below was of the view that the claimant-father being 65 years of age on the date of the accident, the applicable multiplier should be 5 in terms of the Second Schedule of the Motor Vehicles Act and the child being undisputedly a non-earning person, his income should be treated to be the notional income of Rs. 15,000/- per annum. Thereafter, by applying the provisions contained in the Second Schedule of the Motor Vehicles Act, the tribunal came to the conclusion that the appellant was entitled to get rs. 50,000/- plus Rs. 4,500/- payable towards his funeral expenditure and the loss of estate. As indicated earlier, the Insurance Company was directed to pay the amount with interest at the rate of 7 percent per annum from the date of filing of the application until the realisation of the amount.;