State Of Tripura v. Daharanjan Tripura And 2 ORS

THE HIGH COURT OF TRIPURA A G A R T A L A MAC App. No. 61 of 2010 Claimant-Appellants :

1.

The State of Tripura, Represented by Secretary, Home Department, New Capital Complex, P.O-Kunjaban, Agartala, Tripura, West.

2. Director General of Police.

Police Head Quarter, Fire Service Chowmuhani, P.O-Agartala, Tripura West.

3.

Commandant, 8th Battalion, Tripura State Rifles, Lalcherra Camp, P.SLongtherai Valley, P.O-Longtherai, Tripura North.

By Advocate :

Mr. G. S. Bhattacharji, Adv.

Respondents :

1. Sri Daharanjan Tripura, S/o. Late Thaichukrai Tripura.

2. Sri Mongshajoy Mog, S/o. Late Manglafru Mog.

(All are residing at : C/o. Tapan Banik, Vill-Santipur, Pecharthal Gate, P.O-Pacherthal, P.S-Pacherthal, Distt.-North Tripura.) By Advocate :

None.

B E F O R E HON'BLE THE CHIEF JUSTICE MR. DEEPAK GUPTA Date of hearing & Judgment & Order : 13th April, 2015. Whether fit for reporting :

Yes No √ JUDGMENT & ORDER (ORAL) This appeal by the State is directed against the award dated 22nd February, 2010 delivered by the learned Motor Accident Claims Tribunal, North

Tripura, Dharmanagar whereby the Tribunal awarded compensation of Rs.2,66,000/- to the claimants.

[2] The claimants are the son and husband of the deceased lady. The learned Tribunal assessed the income of the deceased at Rs.100/- per day or Rs.3,000/- per month and thereby assessed the compensation. The main thrust of the appeal is that the income has been assessed without taking into consideration the fact that there was no proof of income and secondly a person does not earn everyday under the NREGA Scheme and maximum of 100 days can be earned under that scheme. Though the reasoning given by the learned Tribunal may not be totally correct. I am of the considered view that even the value of the contribution of a lady in running the household is more than Rs.100/- per day and, therefore, I am of the view that the income in fact has been assessed at the lower side.

[3] Therefore, I find no merit in the appeal which is accordingly dismissed. No order as to costs.

Send down the lower Court records forthwith.

CHIEF JUSTICE MAC App. No. 61 of 2010