New India Assurance Company Ltd vs Kalpana Debnath And Ors

None appears for the appellant. However, I have taken up the matter considering the nature of dispute raised in the instant appeal.

The appeal is filed by the Insurance Company challenging the judgment and award dated 29.06.2018, passed by the learned Member, Motor Accident Claims Tribunal No.3, West Tripura, Agartala in connection with TS(MAC)279 of 2016.

The brief facts are as under:

An accident occurred on 13.05.2016 wherein the husband of the claimant-petitioner, namely, Sri Badal Debnath succumbed to his injuries on 04.06.2016. Claimant-petitioners filed application under Section 166 of the M.V.Act claiming compensation for the death of said Badal Debnath out of a road traffic accident. On receipt of summons the owner of the offending vehicle No. TR01-P-7933 contested the suit by filing written statement. The owner has stated that at the time of accident his vehicle was insured with the appellant-Insurance Company. The appellant i.e. New India Assurance Company Ltd. also contested the suit by filing written statement. The learned Tribunal on the basis of the pleadings framed issues and thereafter, on analyzing the evidence adduced by the parties, has awarded a sum of Rs.38,80,638/- and fastened the liability upon the appellant-Insurance Company.

Being aggrieved, the appellant-Insurance Company has preferred the instant appeal challenging the said quantum of compensation.

I have perused the evidence and materials on record. The claimant, in my opinion, has successfully made out her case in support of her claim. The learned Tribunal has quantified the total amount of compensation on the basis of bills and vouchers produced in course of the proceeding and other documents relating to the treatment of the deceased.

The claimant has produced the air tickets in support of her claim of Rs.89,148/-, Rs.60,000/- towards treatment of the deceased till 18.05.2016. Further, it has been established that the claimant had incurred expenditure of Rs.5,43,708/-towards the treatment of the deceased in Kolkata. Before that the husband of the claimant was admitted to ILS Hospital, Agartala and she incurred expenditure to the tune of Rs.60,000/- for treatment in the hospital as aforestated. Altogether, for the purpose of treatment, the learned Tribunal has awarded Rs.6,03,708/-. While quantifying the total amount of the compensation the learned Tribunal has considered the case of Rajesh and Ors. Vrs. Rajveer Singh reported in 2003 ACJ, 1403(SC). The age of the deceased was taken into account. As per judgment of the Apex Court rendered in Sarla Verma & Ors. Vrs. Delhi Transport Corportion & Anr, reported in (2009) 6 SCC 121, the multiplier was determined considering the age of deceased as 58 years. So, as per the decision of Sarla Verma (supra) the multiplier for the age group 56 to 60 years is 9 and this was considered by the learned Tribunal and after hearing the parties, the learned Tribunal has awarded a sum of Rs.38,80,638/- in favour of the claimant as compensation due to the death of the husband of the claimant-petitioner.

I do not find any error in the process of calculation made by the learned Tribunal following the principles laid down in Sarla Verma (supra) and Rajesh (supra) were followed by the Apex Court in the said cases.

Having held so, the instant appeal is bereft of merit and accordingly, stands dismissed.

Send back the LCR along with a copy of this judgment.