Point of Law : 14. Addition should be only 30°% if the age of the deceased was 40 to 50 years - There should be no addition, where the age of deceased is more than 50 years.

JUDGMENT :

This is an appeal against the Judgment & Award passed by the learned Court of Additional District Judge-IV (FTC) Kamrup, Guwahati, Assam in MAC Case No.1076/2009 dated 30.06.2014.

2. Facts of the case in brief is that the claimant had claimed compensation under section 166 of the Motor Vehicles Act,1988 amounting to Rs.22,25,000/-(Rupees Twenty two lakhs twenty five thousand) only on the account of the death of her husband Dharmeswar Kalita. The claimants’ case was that on 02.04.2009, the deceased Dharmeswar Kalita was proceeding along with his colleague Dipak Saikia by driving his Alto Car from Guwahati towards Golaghat site, on the way when they reached Haldibari, Kohara on NH-37, the said Alto Car was knocked down by the offending vehicle bearing Regd. No.WB-23-A-8326 (Truck). It is alleged that the offending vehicle was driven by the driver in a very rash and negligent manner, as a result of which the accident occurred. Due to the accident, the deceased Dharmeswar Kalita sustained injuries and died on the spot. The police of Bokakhat P.S. registered the case vide Bokakhat P.S. Case No.51 of 2009 under section 279/388/304(A) of Indian Penal Code and the case I/O submitted the charge-sheet against the driver of the offending vehicle U/S 279/388/304(A) of IPC and was sent to trial. That deceased was an employee of the Fire Service Organization, Panbazar and his monthly salary was Rs.11,272/-. The deceased at the time of his death was about 47 years and was survived by his wife and 2 daughters. The appellant/opposite parties on the other hand contested the claim by denying all the claims made by the claimants in their written statement.

3. The learned Tribunal on consideration of the evidence adduced and on hearing the arguments submitted by both sides, held that the accident was due to rash and negligent driving of the driver of the offending vehicle bearing Regd. No.WB-23-A-8326 (Truck), which caused the death of the deceased victim. The learned Tribunal also held that the accident vehicle was duly insured with the Insurance Company vide Policy No.1503782334002363, which was valid up to 24.10.2009.

4. The learned Tribunal while deciding the quantum of award to be awarded, held that it was proved that the age of the deceased at the time of his death was 45 years, 5 months and 1 day and also held that as per the salary certificate that monthly income the net salary of the deceased was Rs.11,064/-and he was survived by 3(three) dependants, his wife and two minor children. The learned trial court added 30% as future prospect relying on the decision of the Apex Court in Sarla Verma (SMT) & Ors -Vs-Delhi Transport Corporation reported in (2009) 6 SCC 121 in calculating the loss of dependency and relied on the Apex Court decision in Rajesh & Ors -Vs-Rajbir Singh and Ors. (2013) 1403 ACJ in calculating the award under conventional head.

5. The assessment of compensation was made by the learned Tribunal as follows:

Rs.17,30,852.80 is round figured as Rs.17,31,000/-

6. The learned Tribunal also held that the Insurance Company was liable to pay the award amount of Rs. 17,31,000/-(Rupees Seventeen lakhs thirty one thousand) only, to the claimant within a period of 90 days with an interest of 6 % per annum from the date of filing the claim petition till its real