The main legal point established in the judgment is that the insurance company is under obligation to indemnify the award first irrespective of the inadequacies/inappropriateness/defectiveness of the driving license held/possessed by the driver of the offending vehicle at the time of the accident.

SUBHASIS DASGUPTA, J.

1. Learned advocates for both the parties urge for expeditious disposal of the case in unison focusing that short points, based on law are involved in this case, which can be set at rest by the appeal Court without calling for the lower Court records and without resorting to any extensive hearing. The appeal along with connected application is pending since 2016.

2. Upon perusal of the records, we are of the considered view that the appeal along with connected application may be conveniently disposed of without waiting for the lower Court records to come. With the consent of the parties the appeal is thus taken up for hearing.

3. The challenge in this appeal is against the judgment and order dated 14.07.2015, passed in MAC case No. 205/2015, by Motor Accident Claims Tribunal, Nadia awarding compensation to the tune of Rs. 7,88,000/- with interest at the rate of 8% per annum from the date of this order till realisation in the event of failure to deposit cheques within two months from the date of order.

4. According to appellant/insurance company the quantum of compensation has been erroneously assessed to an inflated amount wrongly accepting the monthly income of deceased at the rate of Rs. 6000/- per month without any documentary evidence in support thereof, and the driver of the offending vehicle having committed breach of the condition of the insurance policy under Section 149(2) of the Motor Vehicles Act, by driving a transport vehicle at the time of accident in spite of owning a driving licence authorising him to drive a light motor vehicle, the insurance company cannot be foisted with the liability to indemnify the claimants.

5. Per contra, the learned advocate for the claimants/respondents has submitted that alleging breach of the condition of insurance policy under the behest of validity of driving licence together with disqualification of the driver may be a ground to put up in defence, but the same is not strong enough to repudiate the award already granted by the Tribunal. The income of the deceased, a green vegetable seller by profession, has been rightly assessed by Tribunal while determining the just compensation, and the same must go unaltered.

6. The Tribunal has elaborately dealt with the factual circumstances in details, while granting the award, but some crucial facts however, may be referred to, which are of highest significance.

7. On the fateful day of accident i.e. 26.04.2014 deceased victim, a 38 years old, a green vegetable seller by profession, suffered death after being dashed by the offending vehicle bearing No. WB-51A/8482(Tata Magic) due to rash and negligent driving of the offending vehicle, while the deceased victim was returning to his home riding on a bicycle. The deceased victim suffered serious fatal injuries, and he was removed to hospital, where he succumbed to injuries. The claimants (who are widow, minor children and parents of the deceased) proceeded to file this claim case seeking compensation for the loss they suffered.

8. The registered owner of the vehicle has not contested the case, while the claimant/insurance company contested the case by filing written statement. The specific defence raised in the written statement is that the deceased victim did not suffer his death due to fault of the offending vehicle, alternatively said to be rash and negligent driving of the offending vehicle. The amount claimed as compensation has been contended to be inflated and exorbitant also.

9. Tribunal believed the case of the respondent/claimants holding the deceased, a green vegetable seller by profession, with an income of Rs. 6000/- per month at the time of accident, and ascertained the compensation to the tune indicated hereinabove, with application of 16 as suitable multiplier after deducting 1/3 of the established income of the deceased towards the personal expenses of the deceased. Together with this amount, a sum of Rs. 20,000/- in all was allowed towards the funeral e