Compensation for loss of dependency in motor accident claims must accurately reflect legal precedents regarding deductions and include adequate compensation for consortium over love and affection.

JUDGMENT

S.G.CHATTOPADHYAY, J. - This appeal under Section 173(1) of the MOTOR VEHICLES ACT , 1988 has been filed by the Insurance Company challenging the judgment and award dated 12.03.2019 delivered by the Motor Accident Claims Tribunal, North Tripura, Dharmanagar in T.S.(MAC) 32 of 2016 granting compensation of a sum of Rs.44, 67, 200/- along with 6% interest thereon from the date of presentation of the claim till disbursement of compensation to the wife, children and mother [Respondents 1 to 5] of Late K.Vanlalnghaka on account of his death in a road traffic accident at Noagaon in North Tripura District on 27.08.2015.

2. Factual context of the case is as under:

54 years old K.Vanlalnghaka was a teacher in Bethlehem English School at Noagaon in North Tripura. The said school was affiliated to Mizoram Presbyterian Church Synod, Aizol. At the time of his death, deceased was drawing a monthly salary of Rs.41, 871/-. On 27.08.2015 at around 2 O'clock in the afternoon he was riding his 'Scooty' bearing registration No.TR-05-8855 along the side of National Highway - 44 for returning home from Bagabasha in Dharmanagar. Soon after he arrived in front of North Tripura Polytechnic Institution at Noagaon, the offending truck on its way from Agartalal to Churaibari hit him. As a result, he received and died instantaneously. The matter was reported to police alleging that the accident took place as a result of rash and negligent driving of the said truck and based on the FIR lodged by a colleague of the deceased, Dharmangar P.S. Case No.079 under Sections 279 and 304- Part-II IPC was registered and after investigation of the case, charge sheet was submitted against the accused driver for having committed offence punishable under Section 279 & 304-Part-II IPC and Section 187 , MV Act.

3. Wife of the deceased, his 3 minor children including a son and 2 daughters and his mother filed an application claiming compensation of a sum of Rs.55, 00, 000/- before the MACT at Dharmanagar on account of his death in the said road traffic accident.

4. The owner of the offending truck and its driver were impleaded as Respondents1 and 2 respectively in the said claim petition. The Oriental Insurance Company Limited, insurer of the offending truck was impleaded as respondent No.3 and the National Insurance Company Limited, insurer of the 'Scooty' of the deceased was impleaded as respondent No.4.

5. Driver of the offending truck in his written objection admitted the accident and attributed negligence to the deceased. It was pleaded by the said driver of the vehicle that the accident would not have occurred, had the deceased been careful in driving his 'Scooty'. Oriental Insurance Company Limited, the insurer of the offending truck [respondent No.3] pleaded that the amount of compensation claimed by the petitioners was exorbitant. The said respondent claimed that it would have no liability in paying any amount of compensation to the petitioner unless it was proved that the insurance policy of the vehicle was in operation on the date of the occurrence and the driver of the vehicle was holding a valid driving license and the vehicle was duly registered.

6. Respondent No.4 who was the insurer of the 'Scooty' of the deceased, claimed that the 'Scooty' of the deceased was insured with the respondent. It was pleaded by the said respondent that the deceased had no negligence in driving his 'Scooty' and the accident actually occurred due to rash and negligent driving of the offending truck which was insured with Oriental Insurance Company Limited. It was furth