In determining compensation for fatal accidents, courts must consider salary, age, and future prospects, while rejecting tax deductions that negate the intended calculations.

JUDGMENT :

Rajiv Roy, J.

Heard Mr. Durgesh Kumar Singh, learned counsel for the appellant duly assisted by Mr. Abhijeet Kumar Singh and Mr. Dhannjay Kumar No.2 for the claimant respondents.

2. The present appeal has been preferred for:

“being aggrieved by and dissatisfied with the judgment dated 07.11.2015 & award dated 26.11.2015 passed by the learned 12^th Additional District Judge cum Motor Vehicle Accident Claim Tribunal, Muzaffarpur in Claim Case No. 326/12 ‘Vijaya Kumar & Ors. vs. Jyoti Devi & Another’.

3. The facts leading to the present appeal is/are as follows:

4. On 09.07.2012, the deceased, Kameshwar Mahto who was an Assistant Engineer with the Rural Works Department, Bihar, Patna, was going to Darbhanga on his motorcycle. As he reached near Taralahi, a Tractor bearing Registration No. BR-07-G-4161 in a rash and negligent manner hit the motorcycle from behind, Kameshwar Mahto sustained grievous injuries, taken to the Darbhanga Medical College, Darbhanga where he died in course of treatment on 09.07.2012.

5. The usual F.I.R./investigation/submission of charge-sheet followed the present Claim case no.329 of 2012 by the deceased’s family members including the wife and the children (Vijaya Kumari & Ors. vs. Jyoti Devi & Anr.). The second respondent is/was the New India Assurance Company Limited (henceforth for short ‘the Insurance Company’) with which the Tractor was insured.

6. The matter went up before ‘the Tribunal’ and the issues were framed as under:

(i) whether the claim case as framed is maintainable?

(ii) whether claimants have got cause of action and right to sue?

(iii) whether the accident had taken place on 09.07.2012 at 9:30 AM at near Taralahi P.S. Bahadurpur, District-Darbhanga by attending vehicle bearing registration No. BR-07-g-4161;

(iv) whether the driver of offending vehicle was driving the said vehicle very rashly and negligently at the time of alleged accident;

(v) whether offending vehicle was insured at the time of alleged accident;

(vi) whether the driver of offending vehicle had legal valid driving license at the time of accident?

(vii) what should be quantum, if compensation is granted and who is liable to pay the same?

(viii) are the claimants entitled to get any other reliefs or reliefs?”

7. The parties put forward their respective submissions whereafter to ‘the Tribunal’ vide an order and judgment dated 07.11.2015 and 26.11.2015 came to the conclusion that:

(i) Kameshwar Mahto was moving on the motorcycle on the said date (09.07.2012). As he stopped and was in conversation with a friend, the Tractor bearing registration no.BR-07-G- 4161 came from behind and in a rash and negligent manner hit him causing injuries. He was shifted to the Darbhanga Medical College & Hospital, Darbhanga but as recorded above, he died in course of the day;

(ii) the Tribunal further came to the conclusion that the said Tractor was insured with ‘the Insurance Company’ with valid insurance certificate (from 29.05.2012 to 28.05.2013) and as such, ‘the Insurance Company’ also has the responsibility towards the payment.

8. The admitted fact that ‘the Tribunal’ recorded is/was that the deceased was employed with the Rural Works Department, Bihar, Patna. He was who was 54-55 years of age at the time of accident and considering that his salary statement shows the income as Rs.47,941/-, thus multiplying the same and deduction towards personal expenses; it was held that the claimants are entitled to Rs.42,27,428/-

9. As already compensation of Rs.50,000/- was paid earlier, it came down to Rs.41,77,428/- with interest of six percent per annum from the date