Judgment :

Biswaroop Chowdhury, J.

The Appellants before this Court were claimants in a case under Section 166 of the Motor Vehicles Act 1988 and is aggrieved by the Judgment and Award dated 15-07-2014 passed by Learned Additional District Judge 2nd Court Nadia at Krishnanagar in MAC Case No. 12 of 2011.

The case of the Appellants/claimants before the Learned Trial Court may be summed up thus;

On 06-12-07 at 23.00 hrs the victim Dipali Halder was travelling by the offending vehicle bearing No-WB-20G/0635 (Tata Sumo) which was proceeding along the Krishnanagar-Karimpur pucca Road and while it reached in between Bara Andulia and Sonepukur under P.S. Chapra it suddenly dashed with a road side tree and thereafter it capsized into the road side As a result the victim Dipali Halder died on spot and some other occupants of the vehicle sustained serious injuries on their persons. After the accident they were removed to Saktinagar Hospital. Rash and negligent driving on the part of the driver of the offending vehicle bearing No. WB-20G/0635 (Tata-Sumo) was solely responsible for this tragic accident. Before this accident the victim Dipali Halder had very sound health and active habit. Due to death of the victim her family has suffered great financial loss mental pain and agony.

Pursuant to filing of the case notice was issued upon the opposite parties National Insurance Company Ltd. and vehicle owner.

The opposite party National Insurance Company contested the case by filing written statement but the opposite party vehicle owner did not contest the case.

By Judgment and Award dated 15-07-2014, the Learned Trial Judge disposed of the claim case by observing and directing as follows:

‘Hence it is ORDERED that the MAC case be and the same is hereby allowed against the OP No. 1 Kala Chand Gain the owner of the offending vehicle as ex-parte and dismissed against the OP No-2/National Insurance Company Limited. There will be no order passed as to the cost of the proceeding.

The opposite party No. 1 Kala Chand Gain (owner of the vehicle) is hereby directed to pay compensation to the claimants to the tune of Rs. 8,20,500/- by issuing four account payee cheques directly to the claimants through NEFT within one month from this date failing which the amount shall carry interest @8% per annum till realization.

The O.P. No. 1/Kala Chand Gain (owner of the vehicle) is hereby further directed to pay compensation to the claimant No. 1 to the tune of Rs. 5,000/- as loss of consortium directly through NEFT within one month from this date failing which the amount shall carry interest @8% per annum till realization.

The claimants are hereby directed to furnish an Account of Nationalized Bank/Post office for collecting the awarded amount of compensation from the OP No-1 Kala Chand Gain (owner of the vehicle) within one month.’

The appellants/claimants being aggrieved by the Judgment and Award passed by the Learned Trial Judge has come up with the instant appeal.

The ground on which the Judgment of the Learned Trial Court is asailed is firstly the Learned Trial Judge failed to consider the future prospective income of the victim, secondly considering the net salary of the victim as Rs. 6,000/- and thirdly by exonerating the Insurance Company.

Heard Learned Advocate for the Appellants and Learned Advocate for the Respondents no. 1, Insurance Company perused the evidence adduced and materials on record.

Learned Advocate for the Appellant submits that the Learned Trial Judge erred in considering the income of the victim as Rs. 6,000/- per month. Learned Advocate further submits that the Learned Trial Judge ought to have granted future prospect. Learned Advocate also submits that the Learned Trial Judge erred in exonerating the Insurance Company to pay the compensation amount, and imposed obligation upon the opposite party vehicle owner.

Learned Advocate for the respondent no-1 Insurance Company submits that the Learned Trial Judge did not err in awarding the compensation on ba