The main legal point established in the judgment is the determination of compensation for death in a road traffic accident, including the interpretation of notional income, multiplier, and conventional heads for compensation, as well as the liability of the insurer and the validity of the driving license.

1. This is an appeal under Section 173 of the Motor Vehicles Act, 1988 from the judgment and award dated 19.09.2015 delivered in TS(MAC) No.125 of 2014 by the Motor Accident Claims Tribunal, West Tripura, Agartala.

2. The appellants instituted the claim under Section 166 of the Motor Vehicles Act as their son namely Joygopal Reang died in a road traffic accident which occurred on 25.01.2014 on the Kamalpur-Sanaiya road for rash and negligent driving of one Maxx vehicle bearing No.TR-04-A- 1686. When their son Joypal Reang, who was aged about 13 years was returning home on foot, walking along the left side of the road, the said accident took place. The victim was immediately taken to BSM Hospital, Kamalpur and he was immediately admitted there but on the following day i.e. 26.01.2014, he expired in the early morning. Kamalpur PS Case No.11 of 2014 was registered under Section 279/338 and 304-A of the IPC from the said accident and in these regards, there is no dispute.

3. On recording evidence, the tribunal awarded a sum of Rs.3,25,000/- with interest at 9% per annum from the date of filing of the claim petition i.e. 11.04.2014 till realization, whereas the claim of the appellants was Rs.24,80,000/- as compensation for the damage that they suffered for death of their son. The tribunal has further directed that 60% of the share of the claimant No.1 shall be kept in a fixed deposit in her name for a period of 10 years and the remainder shall be paid to her. The tribunal further restricted loan or withdrawal from the fixed deposit.

4. Being aggrieved by the said judgment, the appellants have preferred this appeal for enhancing the award on the broad ground that the tribunal has committed serious illegality by omitting various pecuniary and non-pecuniary damages that the appellants have suffered.

5. Mr. P. S. Roy, learned counsel appearing for the appellants has submitted that the tribunal has gravely erred by omitting to award compensation for loss of love and affection and loss of future income. Mr. Roy, learned counsel has further submitted that the tribunal ought to have directed the insurance company, the National Insurance Co. Ltd. as the insurer of the Maxx vehicle without directing the owner of the Maxx vehicle to pay the said award. The appellants have also contended that the interest that has been directed to be paid is much less than the interest as usually paid along with the award arising from the road traffic accident. The victim according to the appellants was a brilliant student and besides his studies he used to earn Rs.6,000/- per month from his poultry business. Thus, the assessment of the compensation on the income of the victim on the notional income of Rs.15,000/- has rendered the award unjust and unreasonable. In this context, a decision of the apex court in Kishan Gopal and another vs. Lala and Ors. reported in 2013 ACJ 2594 has been relied on. In that case, a boy of 10 years who was assisting his father in the agricultural works died in a motor accident. For his death, the claim was instituted and the dispute reached to the apex court for final adjudication. The apex court has observed as under:

“Further, the deceased boy, had he been alive, would have certainly contributed substantially to the family of the appellants by working hard. In view of the aforesaid reasons it would be just and reasonable for us to take his notional income at Rs.30,000/- and further taking the young age of the parents, namely the mother who was about 36 years old at the time of accident, by applying the legal principles laid down in the case of Sarla Verma vs. Delhi Transport Corp., 2009 ACJ 1298 (SC), the multiplier of 15 can be applied to the multiplicand. Thus Rs.30,000 X 15 = Rs.4,50,000 and Rs.50,000/- under conventional heads for loss of love and affection, funeral expenses, last rites and held in General Manager, Kerala State Road Transport Corp. vs. Susamma Thomas 1994 ACJ 1(SC) which is referred to in Lata W