NEW INDIA ASSURANCE COMPANY LTD. Vs. LAXMI BISWAS (SARKAR)

JUDGEMENT

(1.) This appeal is filed by the insurance company to challenge a judgment and award dated 5th February, 2018 passed by the Motor Accident Claims Tribunal, West Tripura, Agartala in Title Suit (M.A.C) 245 of 2016.

(2.) Brief facts are as under:

(3.) In the impugned judgment, the Claims Tribunal held that the accident occurred due to the sole negligence of the driver of the motor car. On the question of computation of compensation, the Tribunal relied on the documentary evidence of the income of the deceased being Rs.12,419/- per month and his age being 40 years. The Tribunal granted 50% rise for future income. Considering 4(four) dependents, the Tribunal deducted one fourth for the personal expenditure of the deceased and arrived at a monthly dependency benefits of Rs.13,758/- i.e. Rs.1,65,096/- per annum. The Tribunal applied a multiplier of '15' and calculated the loss of dependency benefits for the claimants at Rs.24,76,440/-. To this, the Tribunal added Rs.40,000/- towards loss of consortium and Rs.15,000/- for funeral expenses in order to arrive at a grand total of Rs.25,31,440/-.