IMPORTANT POINT
The court's decision emphasized the importance of accurately determining the deceased's income, future prospects, and personal expenses in awarding compensation for motor vehicle accidents.

JUDGMENT

1. Matter taken up today via video conferencing.

2. The learned Member, Motor Accident Claims Tribunal, West Garo Hills District, Tura after adjudication on an application claiming for compensation on account of a motor vehicle accident in MAC case No. 59 of 2010 has finally disposed of the same vide Judgment and Order dated 09.04.2018 by, inter alia awarding a sum of Rs. 18,22,128/- (Rupees eighteen lakh twenty two thousand one hundred and twenty eight) only to the Claimant therein.

3. Before proceeding further, it would be elucidative to advert to the events which culminated in the said award being given to the Claimant.

4. A motor vehicle accident occurred on 19.02.2010 at about 11.00 PM or so near Nehru Park, Tura, on the NEC road to Phulbari in which Lazarush Ch. Marak was dashed by a vehicle being Mini Truck bearing registration number ML-09-5197 causing grievous hurt to him for which he was immediately taken to Tura Civil Hospital for treatment, however at the hospital, he succumbed to his injuries.

5. The parent of the deceased then preferred an accident claim application before the Motor Accident Claims Tribunal (Tribunal in short), Tura claiming compensation by arraying the owner and driver of the said vehicle No ML-09- 5197 as well as the Insurer of the said vehicle, Reliance General Insurance Co. Ltd as opposite parties. The Owner and Driver failed to appear to contest the case resulting in the matter proceeding exparte against them. The Reliance General Insurance Co. Ltd filed the written statement and contested the claim.

6. The MACT framed as many as six issues and the matter proceeded for evidence and argument of the parties contesting. After hearing the parties, the learned Member, MACT passed the impugned award (supra).

7. Not satisfied with the said award, the appellants, Smti Ronilla Ch. Marak and Shri Berosing B. Marak (parents of the deceased) preferred an appeal before this Court registered as MAC Appeal No. 5 of 2018. The Opposite Party/Reliance General Insurance Co. Ltd, also being dissatisfied with the said award has filed a cross-appeal registered as Cross Appeal No. 1 of 2019.

8. Office note dated 19.07.2019 will show that the Respondent No. 3 Md. Aftar Ali, Driver of the Mini Truck No. ML-09-5197 (corresponding Respondent No. 1 in MAC App. No. 5 of 2018) has since expired and the notice issued upon Mr. Wahedul Enamul Wahab (corresponding Respondent No. 2 in MACApp. No. 5 of 2018) has returned with a note that the same has been refused to be accepted. Therefore, only the main contestants remain in the fray.

9. Since both matters relate to the same impugned judgment, this Court deems it convenient and expedient to take up both matters together and to pass a common judgment.

10. What is seen from the grounds laid down in the respective appeals, it is understood that the main issue raised by the parties is with regard to the determination of the quantum of award, the appellant in MAC App. No. 5 of 2018 contending that the award is less than what was actually entitled to by the appellant/claimant and the cross-appellant/Insurance Co. contending that the award was wrongly calculated and is on the higher side which is not due by the appellant/claimant at all.

11. Heard Mr. R. Kar, learned counsel for the appellant who has submitted that the learned Tribunal has gravely erred in passing the impugned Order dated 09.04.2018 particularly while assessing the income of the deceased at Rs. 10,000/- per month without taking into consideration the fact that the deceased during his lifetime was a Class II Contractor which fact have been proved in evidence by the Claimant and as such, the claim of the Claimant/appellant for an amount of Rs. 25,00,000/- (Rupees twenty five lakhs) together with interest of 9% is just compensation.

12. On the grounds taken up by the cross-appellant that the monthly income of the deceased should be calculated at Rs. 5000/- as the deceased was not having a fixed monthly income and that the