JUDGMENT :

Meenakshi Madan Rai, J.

1. Contending that the Learned Motor Accidents Claims Tribunal, North Sikkim, at Mangan (for short “Learned Claims Tribunal”), was in error in granting compensation to the tune of Rs.40,05,500/- (Rupees forty lakhs five thousand and five hundred) only, in MACT Case No.13 of 2014, the instant Appeal assails the Award of the Learned Claims Tribunal on the following grounds;

(i) That, there is no proof of rash and negligent driving on the part of the driver of the vehicle, as the Learned Magisterial Court in G.R. Case No.40 of 2014 discharged the driver of the vehicle in accident finding no prima facie case to make out rash and negligent driving.

(ii) That, the multiplier adopted was based on the age of the deceased when it ought to have been that of the Claimants-Respondents No.1 and 2 (the father-in-law and mother-in-law of the deceased).

(iii) That, the income of the deceased was calculated as 1/3rd of the income of her deceased husband and future prospects @ 50% was added to the loss of dependency which is erroneous.

2. Resisting the grounds put fo