The main legal point established in the judgment is the court's interpretation and application of the Motor Vehicles Act, particularly in assessing compensation and determining the validity of a driving license within the grace period for renewal.

JUDGMENT :

Subhendu Samanta, J.

1. The instant appeal is preferred against a judgment and award dated 27.07.2023 passed by the Learned Judge, Motor Accident Claims Tribunal Fast Track 1st court, in MAC Case No. 37 of 2016.

2. The brief fact of the case is that on 31 December of 2016 at about 09:30 p.m. victim along with his mother coming back home just after close the days business of tea stall, by foot and proceeding towards Mecheda along with the left morum portion of Srirampur Bus-stand and reached near “Ramkrishna Aragyo Niketan”, a nursing home, suddenly the offending vehicle bearing No. WB 31/5542 ACE Magic BS coming from Haldia Side to Mecheda with excessive high speed by a zigzag way, the driver failed to control and dashed the victim from behind and run over the victim who died on spot. The mother of the victim lodged the written complaint with the police by which Tamluk PS Case No.11 of 2016 dated 04.01.2016 was started.

3. The claimants are the mother, widow and minor daughter of the deceased who preferred an application u/s 166 of MV Act for getting compensation. The Insurance Company has contested the claim case by filing written statement. After hearing the parties and receiving the evidences the Learned Tribunal has awarded a sum of Rs. 13,07,000/-as the compensation in favour of the claimants and directed the Insurance Company to pay the compensation.

4. Being aggrieved by and dissatisfied with the said award the present appeal has been preferred.

5. The National Insurance Company Ltd. preferred this appeal on the grounds :

i.) The income of the deceased assessed by the Learned Tribunal is erroneous.

ii) The driver of the offending vehicle had no valid driving license at the time of accident; accordingly the Insurance Company is not liable to pay the compensation.

iii) The award of consortium in favour of three claimants by the Learned Tribunal is erroneous.

6. On the 1st ground-it is the argument of the Insurance Company that the claimants have stated the income of the deceased to be 10,000/-from the avocation of Tea and Oil Cake shop; no evidence was adduced on behalf of the claimants to substantiate the avocation and income of the deceased. It is further argued that the evidence of PW 1, that is, the mother of the deceased stated that they had a joint business of tea stall, therefrom they used to earn Rs. 8,000/-per month. It was admittedly a joint business thus the income of the deceased cannot be more than 4,000/-per month.

7. Mr. Ray further argued that this court has adopted a view that in absence of sufficient oral and documentary evidences the deceased who died in road traffic accident from the year 2015 onwards the notional income would be 5,000/-. So in this case the Learned Tribunal has erroneously adopted the income of the deceased to be 6,000/-per month. So, in this case, the compensation on the basis of the monthly income of the deceased is erroneous.

8. Learned Advocate for the Claimant/Cross-Objector Mr. Amit Ranjan Roy submits that the Learned Tribunal has categorically observed the evidences and pleadings of the parties. The Learned Tribunal has assessed the income of the deceased on the basis of the circular issued by the Government of West Bengal of the relevant period relating to wages for unskilled workers in Zone B areas. The income adopted by the Learned Tribunal is not a guess work; the Learned Tribunal is justified in assessing the income of the deceased.

9. Heard the Leaned Advocate. Perused the evidences. PW 1 is the wife of the deceased who stated that her husband used to earn Rs. 10,000/-per month. PW 2 is the mother of the deceased who was present at the time of the accident; she also stated that her son used to earn Rs. 10,000/-per month. No document of income was produced by the claimants.

10. Perused the observation of the Learned Tribunal. The Learned Tribunal after considering the evidences on record has placed his reliance upon the circular issued by the West Bengal regarding wages of u