Compensation in motor vehicle accident claims must be assessed based on statutory guidelines, considering factors like income, dependents, and allowances for negligence.

JUDGMENT

1. This is an appeal under Section 173(1) of the MOTOR VEHICLES ACT , 1988 (M.V. Act hereunder) by the Insurance Company against the award dated 17.09.2019 passed by the Motor Accident Claims Tribunal (Court No.3) in Case No. TS(MAC) 40 of 2018 whereby the Tribunal awarded a sum of compensation of Rs.15,20,000/- along with 9% annual interest thereon to the claimants on account of death of the Nripendra Debbarma in a road traffic accident on 23.03.2018.

2. The original claimants have also filed cross objection against the said award of the tribunal seeking enhancement of the compensation.

Law and facts involved in the appeal as well as in the cross objection being common, they are taken up together for disposal by a common judgment.

3. The background facts of the case are as under:

Sri Ramendra Debbarma of Bharat Sardar Para of Khowai district lodged a written ejahar with the Officer-in-Charge of Khowai police station on 23.03.2018 alleging, inter alia, that at about 5.30 p.m on the day his younger brother Nripendra Debbarma was speaking to some of his neighbours in front of the house of Nirmal Debbarma on his way back home from Padmabil Bazar. At that time, the offending truck bearing registration No.TR-01-F-1696 hit Nripendra Debbarma. As a result, he was thrown off the road and he sustained fatal injuries. The speeding vehicle also hit two other women who were there. All the injured persons including Nripendra Debbarma were rescued by the local residents and they were immediately taken to Khowai District Hospital where Nripendra Debbarma was declared brought dead. The injured women were admitted in hospital for treatment. After the accident, the agitated mob set the offending vehicle on fire.

4. Based on the FIR of the brother of the deceased, Khowai P.S Case No.044 of 2018 under Sections 279 , 338 and 304A IPC was registered and investigation was taken up.

5. Soon after the accident was reported to the police station, the Officer-in-charge sent the accident information report to the jurisdictional Motor Accident Claims Tribunal, Khowai. After conducting investigation, the Investigating Officer laid charge sheet against the accused driver of the offending vehicle namely, Litan Das for having committed offence punishable under Sections 279 , 338, 337 and 304A IPC read with Section 184 M. V. Act. In the post mortem examination report (Exbt.3) the autopsy surgeon opined as under:

'Acute trauma and brain hemorrhage and hemorrhage from multiple sites with crush injuries at pelvic region and multiple fractures and shock arising out of the injuries is the cause of death.

Time since death is in between 16 to 20 hours.'

6. Smt. Tarumala Debbarma, wife of the deceased and his two sons namely, Brajil Debbarma and Raj Debbarma filed a petition under Section 166 M. V. Act at the Tribunal claiming compensation of a sum of Rs.40,00,000/- on account of the death of Nripendra Debbarma in the said road traffic accident. The claimants asserted in their claim petition that on the date of accident deceased was 45 years' old and he had a monthly income of about Rs.25,000/- from his poultry business.

7. The owner of the offending vehicle was impleaded as respondent No.1 and Oriental Insurance Company Limited, Agartala was impleaded as respondent No.2 in the claim petition.

8. The respondents filed separate written statement. In his written statement, the owner claimed that accident occurred due to mechanical fault in the vehicle which was beyond the control of the driver. The respondent asserted that despite regular checking of the vehicle the dr