The main legal point established in the judgment is the calculation of compensation for motor accident claims, considering the deceased's income, loss of love and affection, and funeral expenses.

Both Mr. G.K. Nama, the learned counsel for the appellant, and Mr. A. Gon Choudhury, the learned counsel for the insurance company are heard at some length.

2. Dissatisfied with the award of Rs.1,22,000/- made by the learned Member, Motor Accident Claims Tribunal, North Tripura, Dharmanagar in T.S. (MAC) No.06 of 2009 in his judgment dated 16.03.2011, this appeal has been filed by the appellant for enhancement of the compensation so awarded.

3. The facts of the case material for disposal of this appeal may be briefly noticed at the outset. According to the appellant, her son, late Amit Deb was an assistant of the vehicle bearing registration No.TR02-A-1770 while the driver-cum-owner of the vehicle, who also died in the same accident, was her husband i.e. father of the deceased. The vehicle was used for carrying petroleum products from Dharmanagar to Agartala. On 15.05.2008, while the vehicle was proceeding towards Agartala carrying petroleum products, it dashed against a tree standing by the side of Assam-Agartala road at a place called Joynagar. The accident occurred between 1.15 to 1.30 a.m. of 16.05.2008. As a result, the vehicle got damaged. Both the deceased and his father died on the spot. The dead bodies were taken to the Government Medical College and Hospital, Agartala where post mortem examinations were conducted. The police also registered Jirania P.S. Case No.32/2008 under Sections 279/304A/427 IPC in connection with the vehicular accident. In the FIR, it has been clearly reported that the accident had occurred due to rash and negligent driving of the offending vehicle. The appellant, therefore, filed the claim petition. According to the appellant, the deceased was unmarried and was earning Rs.3,300/- per month including allowance for food @ Rs.60/- per day. The vehicle was insured with the respondent-insurer at the time of the accident.

4. The claim case was resisted by the respondents including the insurance company, who denied any liability to pay the compensation so claimed. The respondent-insurer also disputed the income of the deceased as claimed by the appellant. On the pleadings of the parties, the following issues were framed :-

“(i) Whether the deceased Amit Deb died in a motor accident occurred on 16.05.2008 at about 01.15/01.30 hours at Joynagar beside Assam-Agartala road under Jirania P.S. due to the use and driving of the vehicle TR02 A 1770 (oil tanker)?

(ii) Whether the victim was the assistant of his father’s vehicle No.TR02A 1770 (oil tanker)?

(iii) Whether the claimant is entitled to get compensation due to the death of her son Amit Deb in the said motor accident, if so what is the quantum of compensation and who is/are liable to pay the compensation?

(iv) To what other relief/reliefs the parties are entitled?”

5. To prove her case, the appellant examined three witnesses including herself and adduced some documentary evidence which are marked as Exbt.1 to Exbt.17. No oral evidence was adduced by the insurance company, which, however, exhibited some documents marked as Exbt.A series. At the conclusion of the trial, the Tribunal passed the impugned judgment, which is under challenge in this appeal.

6. Mr. G.K. Nama, the learned counsel for the appellant makes fourfold contention, namely, (i) the Tribunal completely overlooked the glaring fact that the deceased was working as assistant in the offending vehicle and was earning Rs.3,300/- per month at the time of his death; (ii) Tribunal has illegally omitted to award 50% of the salary of the deceased as future prospect as laid down the latest decisions of the Apex Court and (iii) the Tribunal has not even awarded any amount for loss of love and affection, which should be a sum of Rs.1,00,000/- and (iv) the Tribunal, contrary to the decision of the Apex Court, adopted a multiplier of 16 whereas it should have been 18 in terms of the decision of the Apex Court in Sarla Verma (Smt) and others vs. Delhi Transport Corporation and another, (2009)