IMPORTANT POINT
The main legal point established in the judgment is the assessment of compensation under the Motor Vehicles Act, 1988, including the determination of the deceased's income and the grant of general damages based on legal principles laid down by the Hon’ble Supreme Court.

JUDGMENT :

1. This appeal is preferred against the judgment and award dated 29th June, 2022 passed by the learned Additional District Judge-cum-Judge, Motor Accident Claims Tribunals, 4th Court, Paschim Medinipur in MAC case no.287 of 2020 granting compensation of Rs.22,54,500/- together with interest in favour of the claimants under Section 166 of the Motor Vehicles Act, 1988.

2. The brief fact of the case is that on 14.06.2022 at about 06-30 a.m. while the victim was travelling as a Khalasi (Helper) in the offending vehicle bearing registration no.WB-33C/8749 (Tipper Truck) which was driven in a rash and negligent manner, dashed backside of a standing vehicle, as a result of which the victim sustained serious injuries on his head, chest and over his bodies. Immediately, he was shifted to Midnapur Medical College and Hospital where he was treated till 20.06.2020. Thereafter, he was shifted to Minimal Access Surgical Private Limited at Tamluk and for better treatment, he was shifted to N.R.S. Medical College and Hospital, Kolkata where he succumbed to his injuries and died on 24.06.2020. On account of sudden demise of the victim the claimants being the widow, minor sons and minor daughter of the deceased filed an application for compensation of Rs.10,00,000/- under Section 166 of the Motor Vehicles Act, 1988.

3. The claimants in order to establish their case examined two witnesses including the widow of the deceased and produced documents which have been marked as Exhibits 1 to 10, respectively.

4. The insurance Company did not adduce any evidence.

5. Upon considering the materials on record and evidence adduced on behalf of the claimants, the learned Tribunal granted compensation of Rs.22,54,500/- together with interest in favour of the claimants under Section 166 of the Motor Vehicles Act, 1988.

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

7. Ms. Sucharita Paul, learned advocate for the appellant-insurance company submits that the learned Tribunal erred in determining the income of the deceased on the basis of oral evidence only and failed to consider that no cogent documentary evidence has been produced by the claimants in support of such oral evidence stating income of the deceased. She further submits that it is the specific case of the claimants that the deceased used to work as a Helper under one Apurba Mukherjee but the employer of the deceased has not been examined by the claimants to primarily establish the profession and income of the deceased. Therefore, the income of the deceased determined by the learned Tribunal is without any basis. Furthermore she submits that the learned Tribunal erred in granting spousal consortium and parental consortium of Rs.50,000/- each in favour of the widow and minor children of the deceased apart from Rs.70,000/- towards general damages.

8. In view of her above submissions, she prays for modification of the judgment and award.

9. Mr. Rajdeep Bhattacharyya, learned advocate for the respondent nos. 1-4 (claimants), in reply, submits that the insurance company in cross-examination admitted the profession and income of the deceased as claimed by the claimants and, therefore, such income should be taken into consideration for determining the compensation. He further submits that in case of unorganized sector, it is not always possible to produce documents in support of income and therefore income needs to be assessed taking into consideration the profession of the deceased. To buttress his contention, his relies on the decision of the Hon’ble Supreme Court passed in Syed Sadiq and Others Versus Divisional Manager, United India Insurance Company Limited reported in (2014) 2 SCC 735. Further relying on a notification of the Government of West Bengal, Statistics, Investigation, Research & Publ