The central legal point established in the judgment is the assessment of the deceased-victim's income and the calculation of the compensation amount under the Motor Vehicles Act, 1988.

JUDGMENT :

Bivas Pattanayak, J.

1.The present appeal is directed against the judgment and award dated 11 February 2021 passed by learned Additional District Judge, Fast Track, 1st Court cum Judge, Motor Accident Claims Tribunal, Islampur, Uttar Dinajpur in M.A.C Case no. 69 of 2019 under Section 166 of Motor Vehicles Act, 1988 granting compensation in favour of the claimants to the tune of Rs.5,95,000/-alongwith interest.

2. The factual matrix of the case is that on 20 March 2019 at about 6 AM the deceased-victim was travelling in the offending vehicle bearing no.AS-01-GC/8844 (truck) as a Khalasi which was proceeding towards Islampur from Chakulia and when the offending vehicle(truck) reached near Bihar More, Goalpukur the driver who was driving the offending vehicle at a high speed and in negligent manner lost control over the vehicle and it capsized beside the road. As a result the deceased-victim (Khalasi) sustained grievous injuries and succumbed to death. On account of sudden demise of the deceased-victim in the said accident, the claimants being the wife and children of the deceased filed application claiming compensation of Rs.11,00,000/-alongwith interest.

3. The respondent no.1-insurance company contested the claim application before the learned tribunal. However respondent no.2-owner of the offending vehicle though filed written statement but subsequently did not contest the claim application before the learned tribunal and the claim application was disposed of exparte against him. By order dated 17.08.2022 the service of notice of appeal upon respondent no.2-owner of the offending vehicle has been dispensed with for the aforesaid reasons.

4. The claimants in order to prove their case examined two witnesses including claimant no.1, wife of the deceased and one other and also produced documentary evidence which are marked as Exhibit 1 to 11 respectively. The contesting opposite party no.2-insurance company (respondent no.1 herein) did not adduce any evidence.

5. Upon considering the materials on record as well as the oral and documentary evidence produced on behalf of the claimants, the learned tribunal granted compensation in favour of the claimants to the tune of Rs. 5,95,000/-alongwith interest.

6. Being aggrieved by and dissatisfied with the impugned judgment and award the claimants have preferred the present appeal.

7. Mr Subir Banerjee, learned advocate for the appellants-claimants submitted that the present appeal has been preferred by the claimants on the sole ground that the learned tribunal failed to accept and consider the monthly income of the deceased-victim amounting to Rs. 8,000/-, which is evident from the salary certificate of the deceased-victim issued by his employer namely the owner of the offending truck and erred in holding that the claimants failed to prove the income of the deceased. Further relying on the decision of Hon’ble Supreme Court passed in Syed Sadiq and Others versus Divisional Manager, United India Insurance Company Limited reported in (2014) 2 SCC 735 as well as decision of this court passed in Oriental Insurance Company Limited versus Mst Abeda Bibi & Ors reported in (2017) 6 WBLR (Cal) 69 he submitted that even in the absence of documentary evidence in support of income, the assertion of income of the victim made by the claimants is to be accepted and accordingly the income of the deceased is to be considered at Rs. 8,000/-per month for assessing just and fair compensation. In the light of his aforesaid submissions he prayed that the appeal be allowed and amount of compensation granted in favour of the claimants be enhanced.

8. In reply to the contentions raised on behalf of the appellants, Mr Soumalya Ganguli, learned advocate appearing for the respondent no.1-insurance company submitted that although salary certificate of the deceased-victim has been produced, marked as Exhibit 9,