Calculation of compensation under Section 163A of the M.V. Act, 1988 based on the deceased's income and appropriate multiplier.

H. Baruah, J.

1. This appeal is preferred against the judgment and award dated 28.1.2008 passed by the learned Member, Motor Accident Claims Tribunal, Aizawl, Mizoram in MACT Case No, 92/2006 by which an award amounting to Rs. 3,66,500/- was awarded with 9% interest from the date of filing of the petition till realization. The award is recoverable from the opposite party namely, the United India Insurance Co. Ltd., the appellant herein

2. Feeling aggrieved, this present appeal has been filed by the United India Insurance Co. Ltd., seeking to set aside of the same in view of the facts situation and grounds contended.

3. We have heard Mr. M.M. Ali, learned Counsel for the appellant as well as Mr. S.N. Meitei, learned Counsel for the respondent No. l. None appears on behalf of the respondent No. 2.

4. The claimant-respondent No. 1 herein is the elder brother of Master Varlalthara since deceased who was a student aged about 15 (fifteen) years. Said Vanlalthara met with a vehicular accident on 17.8.2006 at about 5:45 PM inside RIPANS Complex while he was riding in a bicycle. The accident was caused by a vehicle bearing registration No. MZ-01/C-907. As a result of such accident, he suffered multiple injuries which resulted his death. It is claimed that the deceased at the time of his death was a part time salesman at M.M. Marketing Company, Aizawl and was earning Rs. 2500-3000/- pm. The accident vehicle belonged to respondent No. 2 herein which was validity insured with the appellant company and the policy was valid up to 28.8.2006.

5. The brother of the deceased on account of death of his younger brother filed a claim petition before the Motor Accident Claims Tribunal, Aizawl under Section 163A of the M.V. Act, 1988 claiming compensation. Notice was issued on the appellant and the respondent No. 2. Appellant appeared pursuant to the notice and contested the claim, but the respondent No. 2, the owner of the offending vehicle, however, failed to appear and contest. The learned Member, MACT at the conclusion of the enquiry awarded Rs. 3,66,500/- as compensation with 9% interest to be paid by the appellant company.

6. During the enquiry, the learned Member, MACT had taken into consideration the oral evidence produced and proved in support of the claim. The learned Member, MACT, basing on the evidence while calculating the award had taken into consideration the income certificate proved at Exhibit C/7 and had taken the mean of the amounts of Rs. 2500/- & Rs. 3000/- which stood at Rs. 2750/- and the said amount was taken as monthly income of the deceased. The learned Member had also taken the multiplier at 16 while calculating the award. In this way, the learned Member, MACT calculated the award as stated above.

7. Mr. M.M. AH, learned Counsel for the appellant while arguing the appeal submits that the learned Member, MACT committed error and illegality in calculating the monthly income at Rs. 2750/- and also applying the multiplier. It is argued by him that the deceased at a relevant point of time was a student, and had no income. Referring to the evidence of the PWs, it is submitted by him that an enquiry was conducted in regard to the claim so made in the context of death of the deceased due to vehicular accident and in the enquiry, it came to the forefront that the deceased was a student at the relevant point of time and he did not earn. Confronting the argument advanced by Mr. M.M. Ali, learned Counsel for the appellant; Mr. S.N. Meitei, learned Counsel for the respondent No. 1 submits that there is ample evidence on record to show that the deceased at the relevant point of time was apart time salesman in M.M. Marketing Company, Aizawl and was earning Rs. 2500/- to Rs. 3000/- pm. A certificate issued by the Proprietor of the Marketing Company was proved in the enquiry which was, however, not objected by the appellant. Since the Exhibit C/7, the income certificate has been admitted in evidence without any objection, the effect of th