BANO BIBI Vs. JEET SINGH

JUDGEMENT

(1.) The challenge in this appeal under section 173 of the Motor Vehicles Act, 1988 is to an award dated July 2, 2002 in M.A.C. Case No.46/217 of 1995 passed by the Motor Accident Claims Tribunal, 3rd Court, Burdwan. The 7 (seven) appellants are the mother and siblings of a Md. Nasim (hereafter the victim), who died in a road accident on Dec. 17, 1994 involving the use of 2 (two) motor vehicles. The truck driven by the victim was dashed by another truck as a result whereof the former overturned and he, having suffered multiple injuries, died on the spot. National Insurance Company Limited (hereafter the insurer) was the insurer of both the vehicles. After having answered all the issues that were framed, the tribunal by the impugned award allowed the claim application presented by the appellants under section 166 of the Act by awarding compensation of L60,000.00. Since the appellants had received L50,000.00 in connection with the proceedings under section 140 of the Act, the tribunal held that they would be entitled to a further L10,000.00, to be shared by them in equal share.

(2.) The tribunal, it appears from the impugned award, proceeded on the basis that the victim was earning L1,500.00 as salary. The tribunal also returned findings that the victim died because of the accident in question and that both the vehicles involved in the accident were insured by a common insurer who is liable to compensate for the loss. Since these findings of the tribunal are unchallenged at the instance of the insurer, the appeal is confined to the correctness of the award in quantifying compensation to be paid.

(3.) Mr. Banerjee, learned advocate for the appellants has argued that the tribunal committed gross error in ascertaining the operative multiplier by considering the age of the first appellant and in not allowing any sum on account of funeral expenses, loss of love, affection and care, and interest.