Tripura High Court
For vs For on 12 January, 2022
HIGH COURT OF TRIPURA
AGARTALA
I.A. No. 03 of 2022
In MAC App. No. 56 of 2018 (D/O)
Along with
CO (FA) 07 of 2018 (D/O)
For Applicant(s) : Mr. P.K. Pal, Adv.
For Respondent(s) : None.
HON'BLE MR. JUSTICE S.G. CHATTOPADHYAY
Order
12/01/2022
[1] By means of filing this petition Smt. Radha Bahadur, her son
Vicky Bahadur and unmarried daughter Smt. Susmita Bahadur have
sought for a direction of this court to the Motor Accident Claims Tribunal
(Court No.2), West Tripura, Agartala regarding apportionment of the
amount of compensation awarded by this court in MAC App. 56 of 2018
(D/O).
[2] It appears from the record that the owner of the offending
vehicle preferred an appeal against the award passed by the Tribunal
which was registered as MAC App. 56 of 2018(D/O). The claimants who
are the present petitioners also filed a Cross Objection in the form of an
appeal against the said award of the Tribunal which was registered as CO
(FA) 07 of 2018 (D/O). Both the appeals were heard together by this
court and by judgment and order dated 24.01.2020 the matters were
disposed of. The judgment of this court passed in the said appeals reads
as follows:
"[10] Taking Rs.6000/- as monthly wage, annual income
would come to Rs.72,000/-. 1/3rd of the said sum has to be
deducted as the personal expenses of the victim. Let the said
amount be deducted from the annual income as determined in
the process of computation. After deduction, the amount for
loss of dependency would come to Rs.48,000/- [Rs.72,000 -
Rs.24,000] per annum. Hence, with that amount multiplier of
11 would be applied, as this court has found sufficient force in
the submission of the Mr. Chakraborty, learned counsel
appearing for the respondent No.5 that there is no proof of
age and the documents relied by the claimant-cross objectors
cannot be treated as the document for proving age. Loss of
dependency would thus come to Rs.5,28,000/-. Since the
victim (the deceased) was between 50 to 60 years of age,
only 10% as loss of future prospects may be added. Hence,
as per the directives of Pranay Shetty (supra) the said
amount, an additional amount of Rs.52,800/- will be added as
the loss of future prospects. Thus, the amount comes to
Rs.5,80,800/-. Further, on account of loss of estate, loss of
consortium and funeral expenses, the amount viz. Rs.15000/-
, Rs.40,000/- and Rs.50,000/- respectively, be added with the
said amount. The total compensation would thus come to
Rs.6,85,000/-.
[11] The said amount shall be paid with 9% interest from the
date of filing of the application i.e. 17.06.2013 till the
payment is made. The respondents No.4 & 5 is directed to
make the payment within a period 2 (two) months from the
date when the cross-objectors shall furnish a copy of this
order to the respondents No.4& 5.
In the result, the appeal and the cross objection stand
allowed.
Send down the LCRs forthwith."
[3] Heard Mr. P.K. Pal, counsel appearing for the petitioners. It is
submitted by Mr. Pal, learned counsel that petitioner No.1 is the widow of
the deceased and the other two petitioners are her daughter and son,
both of whom are major in age. Counsel submits that an order with
regard to distribution of compensation among the petitioners is necessary
and therefore this petition has been filed. Counsel submits that the sum
of compensation awarded by this court in the said appeals may be equally
distributed among the petitioners.
[4] In view of the above, the Motor Accident Claims Tribunal (Court
No.2), West Tripura, Agartala is directed to disburse the amount of
compensation among the petitioners in equal share in terms of the
aforesaid order passed by this court in the appeals aforesaid within a
period of two weeks on verification of their identity. The disbursement
shall be made by transferring the amount of compensation in their
individual bank account. The petitioners will furnish their bank details to
the tribunal for the purpose of disbursement.
In terms of the above, the I.A is disposed of.
JUDGE
Rudradeep
