- (1.) THIS appeal is at the instance of the Insurance Company in a proceeding under Section 166 of the Motor Vehicles Act and is directed against an award dated 30th June, 2007 passed by the Motor Accident Claims Tribunal and Fast track, 1st Court, Asansol, in M. A. C. Case No. 88 of 2006 thereby awarding a sum of Rs. 10,80,163/- in favour of the claimants. The Insurance Company was directed to make payment of the said amount within two months from the date of passing of award with a stipulation that in default of making such payment within the said period, the awarded sum would carry interest at the rate of 9% per annum till realization of the amount. Being dissatisfied, the Insurance Company has come up with the present appeal.
(2.) ACCORDING to the claimants, on 18th June, 2005 while their predecessorin-interest was proceeding towards his house at New Konda from Asansol by riding his motorcycle bearing No. WB-40g/8012, a truck bearing No. WMH-6064 hit the said motorcycle from behind. As a result, the victim sustained fatal injury and died on the spot. The victim was taken to S. D. Hospital where he was declared brought dead. The victim was the sole bread-earner being a reputed contractor and businessman and had been earning a sum of Rs. 18,000/- a month. According to the claimants, the offending vehicle was insured with the oriental Insurance Company having valid policy. The claimants, the widow with two minor children prayed for compensation of Rs. 20,00,000/-None appeared on behalf of the owner of the offending vehicle but the insurance Company contested the case by filing written statement denying the material allegations made in the application for compensation thereby contending, inter alia, that the application was not maintainable as there was no cause of action to bring the proceedings against the Insurance Company. According to the Insurance Company, the deceased while traveling in his motorcycle died due to his own fault and the truck insured by the Insurance company was not involved in the accident.
(3.) THE learned Trial Judge on consideration of the evidence of record came to the conclusion that the offending truck was responsible for the accident and the death occurred due to rash and negligent driving on the part of the driver of the offending vehicles as it appeared from the materials on record. The learned Trial Judge found that the victim was aged about 50+ and was a contractor earning Rs. 18,000/- per month approximately. The learned trial Judge relied upon the income tax returns submitted by the deceased for the financial year 1999-2000, 2000-2001, 2001-2002, 2002-2003, 2004-2005 and it appeared that the average annual income of the deceased after deduction of tax was Rs. 1,46,000/ -. The learned Trial Judge after deducting one-third from the said amount for his personal expenditure and by using the multiplier of 11 arrived at the figure of Rs. 10,70,663/- and in addition to the said amount, granted Rs. 9,500/- towards loss of consortium, loss of estate and funeral expenses.;