Rajarshi Bharadwaj, J. - (1.) A road accident on January 26, 2013 at about 7.30 p.m. involving the use of a motor vehicle resulted in the death of Reyajul Islam, a mason and mosaic mistri by profession, aged about 36 years (hereafter the 'victim'). The Motor Accident Claims Tribunal, Paschim Medinipur was approached by the heirs of the victim viz. his widow and three children and mother (hereafter the 'claimants') with an application under section 166 of the Motor Vehicles Act, 1988 (hereafter the 'Act'). The application was registered as M.A.C. Case No. 103 of 2013. It was claimed in the application that because of rash and negligent driving by the driver of the offending vehicle, i.e. one Mahindra Max vehicle bearing no. WB 30K/7113, which was running at a very high speed, dashed Reyajul Islam. He fell down on the road being severely injured. The victim was transferred to Ghatal S. D. Hospital and then to P. G. Hospital, Kolkata, where after examination, the attending doctor declared him dead. According to the claimants, as a mason, the victim earned Rs. 7,500/- per month and an amount of Rs. 7,50,000/- was claimed on account of compensation together with interest.
(2.) Upon consideration of the oral and documentary evidence that were led, an award dated 17th December, 2015 was passed by the tribunal. It recorded a finding that the victim was indeed dashed by the offending vehicle which was being driven in a rash and negligent manner, sustained multiple injuries on his person and ultimately succumbed to such injuries. The learned Tribunal after considering all relevant materials and evidences concluded that the monthly income of the victim should be Rs. 4,000/-. Relying on the decision of the Supreme Court in Rajesh and others Vs. Rajbir Singh and others, 2013 3 TAC 697 (SC) and thereby selecting 50% as future prospect income and 16 (sixteen) as the multiplier, the tribunal awarded Rs. 10,39,000/- as compensation together with interest @ 6 % per annum from the date of filing of the claim application till payment. The said award is the subject matter of challenge in this appeal under section 173 of the Act at the instance of the insurer of the offending vehicle.
(3.) The finding of the tribunal of rash and negligent driving of the offending vehicle being the cause of the accident that took away the victim's life and that it was covered by a policy of the appellant, are not challenged in this appeal; hence the evidence and the finding need not be examined.;