IMPORTANT POINT
The main legal point established is the determination of compensation in motor vehicle accident cases based on the deceased's income, age, and dependents, and the application of legal precedents to justify modifications.

JUDGMENT :

MARLI VANKUNG, J.

1. Heard Mr. R. Goswami, learned counsel for the appellant. Also heard Ms. S. Khanikar, learned counsel for the respondent Nos. 1, 2 & 3.

2. This is an appeal filed under Section 173 of the Motor Vehicle Act, 1988 against the Judgment & Award dated 25.03.2019 passed by the learned Member, Motor Accident Claims Tribunal, No. 3. Kamrup (M) in MAC Case No. 1413/2016.

3. Brief facts of the case in brief is that, on 02.03.2016, a motor vehicle accident occurred at Jalimura, Outal on the NH-31, due to rash and negligent driving of the driver of an Ultra Bus, bearing registration No. AS-15-C-7320, the bus hit the motor cycle of the deceased victim from the back side and caused grievous injuries to the deceased victim who was immediately taken to the hospital and succumbed to his injuries on 05.03.2016.The deceased was the husband and father of the claimants who then filed an application under Section 166 read with Section 140 of the M.V Act claiming for compensation.

4. The O.P. No. 1/Insurance Company in their written statement denied the claimed of the claimant by taking a plea that the claim was liable to be dismissed for non-joinder to necessary party because the accident involved 2 (two) vehicles, but the motor cycle driven by the deceased, which had collided with the Ultra Bus, was not made a party in the case. The OP Nos. 2 & 3 being the owner and driver of the vehicle respectively in their written statement simply denied the claim of the claimant. The owner of the vehicle O.P. No. 2 however stated that the accident vehicle, Ultra Bus was having a valid policy covering the risk and the driver of the vehicle was having valid driving licence.

5. The learned Tribunal then framed the following issues:

(i) Whether the victim Ananda Ram Das died as a result of the injuries sustained by him in the alleged road accident occurred on 02.03.2016 involving the vehicle No. AS- 15-C-7320 and whether the said accident took place due to rash and negligent driving of the driver of the offending vehicle?

(ii) Whether the claimants are entitled to get any compensation, if yes, to what extent and from whom?

6. The claimant examined herself as PW-1 along with PW-2, the OPs did not adduce any evidence, the learned Tribunal then decided both the issues in favour of the claimants finding that the accident vehicle, Ultra Bus was having valid Insurance at the time of the accident. The learned Tribunal decided the quantum of compensation to be awarded to the complainant in the following manner is as follows:

7. The learned Tribunal thus held that the claimant is allowed to the extent of Rs. 55,78,233/- (Rupees fifty five lakh seventy eight thousand two hundred thirty three) only carrying interest at the rate of 7.5% per annum from the date of filing the evidence on affidavit i.e. 19.02.2018 till its realization.

8. Aggrieved by the above quantum of award made by the learned Tribunal, Mr. R. Goswami, learned counsel for the appellant submits that, the learned Tribunal erred in deducting 1/3rd towards personal and living expenses instead of deducting 1/4th towards personal and living expenses since he was survived by his wife and two children.

9. The learned counsel for the appellant also submits that awarding Rs. 80,000/- under the head of loss of love and affection towards the 2 (two) children and has no legal basis. The learned counsel also submits th