The main legal point established is the assessment of compensation under Section 166 of the Motor Vehicles Act, 1988, based on the victim's actual income, future prospect, and general damages.

JUDGMENT :

Ajay Kumar Gupta, J.

1. This instant First Miscellaneous Appeal has been filed by the appellants/claimants assailing the judgment and award dated 31st March, 2008 passed in MAC Case No. 330/2006 (Old No. 1657/2001) by the Learned Judge, Motor Accident Claims Tribunal -cum-Fast Track Court No. 2, Barasat, North 24-Parganas thereby the learned Tribunal Judge allowed a compensation to the tune of Rs. 1,32,842/-along with interest @ 6% per annum from the date of filing of the claim application till realization in an application filed under Section 166 of the Motor Vehicles Act, 1988 by the wife of the victim, Mira Rani Biswas and on behalf of her two minor sons and two daughters claiming compensation to the tune of Rs. 3 Lakhs along with interest from the date of filing of the claim application on account of the death of Asutosh Biswas in a motor traffic accident which was occurred on 01.02.2001.

2. The brief facts of this case are as under:

2a. On 01.02.2001 at about 9.30 hours, the offending vehicle bearing No. WB-25A/3208 (Matador) was proceeding along Jessore Road from Habra side towards Bongaon side at a very high speed in most rash and negligent manner. When the said offending vehicle came near Angulkata More, under Gaighata P.S., it knocked down the victim Asutosh Biswas, as a result of that he sustained severe injuries on his person and he was removed to Habra Hospital for treatment. But as his condition was very serious, he was shifted to R.G. Kar Medical College & Hospital and then P.G. Hospital, where he expired on 06.02.2001. It is alleged that the rash and negligent driving on the part of the driver of the said offending vehicle (Matador) was the sole cause of the said pathetic accident. A Criminal case started against the driver of the said vehicle being Gaighata P.S. Case No. 10 dated 08.02.2001 u/s 279/304A IPC.

2b. It is further case of the appellants/claimants is that the victim was 48 years old at the time of accident and used to earn Rs. 5,000/-per month from his business of cloths. It is further averred by the appellants/claimants that the victim was a person of sound health with active habits and was the only earning member of his family and due to his sudden death, the entire family has been suffering from acute financial crisis with mental pain and agony. So, the appellants/claimants have claimed Rs. 3,00,000/-as compensation.

2c. The Opposite Party No. 1/owner of the offending vehicle has not contested the case. The Opposite Party No. 2/New India Assurance Company Limited has contested the case by filing written statement denying, inter alia, all the material allegations made in the claim petition. It is denied by O.P. No. 2 that any accident took place as alleged involving the alleged offending vehicle. It is also denied by the O.P. No. 2 that if any accident is proved, then the appellants/claimants have to prove the said accident took place due to the negligent driving of the driver of the offending vehicle. The specific plea of the O.P. No. 2 is that the amount of compensation claimed by the appellants/claimants is excessive, abnormal and without any legal basis. It is also case of the O.P. No. 2 that the deceased himself was solely responsible for the accident and as such the OP No. 2 is not liable to pay the compensation. On the aforesaid grounds, the O.P. No. 2 has prayed for dismissal of the case with cost.

2d. After considering the case of both the parties and appreciation of evidence both oral and documentary, the Learned Tribunal Judge assessed the compensation to the tune of Rs. 1,32,842/-together with interest as indicated above.

2e. Feeling aggrieved by and dissatisfied with the said inadequate compensation amount, the appellants/claimants preferred this appeal. As such, the same has come up before this Bench for disposal.

Submissions on behalf of the Appellants/Claimants:

3. Learned advocate appearing on behalf of the appellants/claimants submitted that the learned Tribunal Judge wa