IMPORTANT POINT
The court established that compensation calculations under the MV Act must consider actual income, appropriate deductions, future prospects, and the right to consortium for dependents.

JUDGMENT :

Subhendu Samanta, J.

1. Instant appeal has been preferred against the judgment and award dated 05.01.2023 passed by the learned Judge Motor Accident Claims come ADJ 3rd Court Berhumpur, Murshidabad in MV Case No. 228 of 2012

2. The brief of fact of the case is that on 23.03.2012 at about 6:00 a.m. when the victim of this case namely Adam Ali Sekh was proceeding by his motor cycle towards Kandi through the left side of Kandi, Berhampur State Highway and reached near Bhatpara More at that time a vehicle bearing no. WB 57/9072 (mini track) which was running towards Kandi in a very high speed and rash and negligent manner dashed the motor cycle of the victim from the backside. As a result the victim sustained saviour injuries all over his body. He was shifted to the Berhampur New General hospital but succumbed to his injuries.

3. The widow, minor son, mother and daughter of the victim filed an application before the Learned Tribunal u/s 166 MV Act for getting compensation on the ground that the victim died due to the rash and negligent driving of the driver of the offending vehicle duly ensured under the policy of the Insurance Company. The claim case was contested by the Insurance Company by filing written statement.

4. The Learned Tribunal after hearing the parties and after receiving evidences, has awarded a sum of Rs. 5,16,500/-as a compensation of this case and directed the Insurance Company to pay the compensation together with 5% simple interest.

5. The Insurance Company has satisfied the award through the office of the Learned Tribunal. The claimants being aggrieved by and dissatisfied with the said award filed the instant appeal for enhancement of the award.

6. Learned Advocate for the appellant Mr. Mandal submits that the award was challenged regarding the quantum of compensation as follows:

i) Income of the deceased

ii) Deduction towards personal expenses

iii) Future Prospects

iv) Non-pecuniary damages

v) Interests

vi) Award of Parental and filial consortium.

Income of the Deceased

Mr. Mondal submits that the income of the deceased was calculated by the Learned Tribunal as Rs. 4,000/-per month. He submits that the claim application stated the income of the deceased to Rs. 5,000/-per month and the name of the employer was mentioned as cook of Basantapur Education Society. He submits that the evidence laid before the Learned Tribunal to prove that the deceased was a cook by profession and used to earn Rs. 5,000/-per month but the Learned Tribunal by ignoring the evidences on record has awarded the compensation by fixing monthly income to be the deceased is 4,000/-i.e. He pointed the evidence of PW 1 the daughter of the victim, who started that her father used to earn Rs. 5,000/-per month as a cook. Mr. Mandal argued that the said evidence was remained uncontroverted in cross-examination of the Insurance Company. Mr. Mandal also argued the piece of oral evidence cannot be disregarded by the Learned Tribunal by virtue of decision of Hon’ble Division Bench of this court reported in Smt. Bilasini Mandal Vs. National Insurance Company Limited (2003) 2 TAC 435. Mr. Mandal further argued that the income of the deceased was specifically proved by the appointment letter issued by the employer in favour of the deceased, which was marked as Exhibit 6. The Exhibit 6 was proved before the Learned Tribunal by PW 3. Mr. Mandal further argued that, above all, notification of Government of West Bengal vide circular dated 25.06.2020 issued by the office of Labour Commissioner of the Government of West Bengal mentioned minimum wages of an unskilled labour working in hotel and restaurant Sector as kitchen helper in the year 2012 under Zone B was Rs. 5,115/-per month.

7. Learned Advocate, Mr. Indradip Das appearing on behalf of the Insurance Company submitted that the Learned Tribunal has correctly disbelieved the evidence of PW 3. He submits that there are no positive evidence of this case that the deceased was a helper and has joined in the sa