MALATI SARDAR Vs. NATIONAL INSURANCE COMPANY LIMITED
SUPREME COURT OF INDIA
NATIONAL INSURANCE COMPANY LIMITED
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(1.) Leave granted. The question raised in this appeal is whether the High Court was justified in setting aside the award of the Motor Accidents Claims Tribunal, Kolkata only on the ground that the Tribunal did not have the territorial jurisdiction.
(2.) On 7th May, 2008, the deceased Diganta Sardar, aged 26 years, a school teacher, unmarried son of the appellant was hit by Bus No.WB/15-A-4959 insured with the respondent company at Hoogly, in the State of West Bengal and died. He was travelling on motor cycle of his colleague, Uttam Samui as a pillion rider. The appellant filed an application under Section 166 of the Motor Vehicles Act, 1988 ("the Act") for compensation before the Tribunal at Kolkata.
(3.) Rash and negligent driving by the driver of the bus having been established, the Tribunal, applying the multiplier of 13 on account of age of the appellant being 47 years, and taking into account the income of the deceased and other relevant factors, fixed compensation of Rs.16,12,200/- with interest at the rate of 6% p.a. from the date of filing of claim petition vide its Award dated 7th February, 2012.;
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