Point of Law: Claimant is entitle to compensation towards other conventional heads namely loss of Estate, loss of consortium, and funeral expenses.

JUDGMENT :

Heard Mr. S. C. Pandit, learned counsel for the appellant. Also heard Mr. K. K. Bhatta, learned counsel for the respondent No.1.

2. This is an application filed under Section 173 of the Motor Vehicle Act, 1988 praying for enhancement of compensation awarded by challenging the judgment dated 03.01.2014 passed by the learned Member, MACT, Nalbari in MAC. Case No.245/2011.

3. The brief facts of the case is that on 30.10.2011 at about 8.30 A.M a 709 bus bearing Regn.No.AS-01/K-8112 coming from Bharalumukh side towards Panbazar in rash and negligent manner dashed against the husband of the present appellant, who was walking along the left side of the road at Machkhowa near Idgah field, which caused grievous injuries on his person. The injured person was immediately shifted at Down Town Hospital, Guwahati. But, the injured succumbed to his injuries on the same day. On receipt of the information, the Police of Bharalumukh police station registered a Bharalumukh P.S. Case No.427/2011, under Section 279/304(A) IPC and thereby investigated accordingly.

4. The present appellant/claimant/wife of the deceased filed the claim petition being Case No.245/2011 seeking compensation before the learned Member, MACT, Nalbari. After issuance of notices, the opposite parties/Insurance Company entered into appearance and submitted their written statement denying the case of the claimant. However, the owner and driver of the vehicle did not turn up in the Court to contest the case.

5. The appellant/claimant adduced her evidence as PW-1 along with two other witnesses as PW-2 and PW-3 and exhibited some documents in this regard.

6. As per PW-3, the income of the deceased was proved as Rs.16,000/-(Rupees Sixteen thousand) only as a Music Director-cum-Singer of Ramdhenu Theatre. But, the learned Member, MACT, Nalbari had not considered his monthly salary as Rs.16,000/-(Rupees Sixteen thousand) only and accordingly calculated the compensation considering his monthly salary as Rs.3,000/-(Rupees Three thousand) only. Thus, the deceased was awarded with a compensation of Rs.3,37,000/-(Rupees Three lakhs thirty-seven thousand) only with 7.5% interest per annum against the opposite party/respondent No.1.

7. On being highly aggrieved and dissatisfied with judgment and order dated 03.01.2014 passed by the learned Member, MACT, Nalbari, in MAC. Case No.245/2011, the appellant has preferred this present appeal on the following grounds:-

7.1. The learned Member, MACT, Nalbari has failed to appreciate various contentions raised on behalf of the claimant/appellant and passed the judgment without considering the evidence and exhibits produced by the claimant/appellant in its true perspective. Hence, the judgment and award passed by the learned Member, MACT, Nalbari is liable to be set aside.

7.2. The learned Member, MACT, Nalbari also failed to consider the evidence of PW-3 and also failed to consider the exhibits 3 and 4, which the claimant/appellant had produced to proof the monthly income of the deceased as Rs.16,000/-(Rupees sixteen thousand) only as a Music Director cum Singer of Ramdhenu Theatre.

7.3. While computing the award, the learned Member, MACT, Nalbari also failed to deduct his personal expenses in proper ratio. Rather the Ld. Member also failed to consider different conventional heads towards loss of love and affection, loss of consortium, loss of estate, funeral expenses etc. and other appropriate conventional heads for assessment of amount of compensation of the deceased.

7.4. Thus, the judgment and order passed by the learned Member, MACT, Nalbari is liable to be set aside and proper assessment is to be done by computing on the basis of the evidences and materials furnished before the said Court.

8. The learned counsel for the appellant has submitted that the learned Member, MACT, Nalbari has passed the judgment and award mechanically withou