NATIONAL INSURANCE COMPANY LTD. Vs. PRATIBHA DAS
LAWS(TRIP)-2021-4-41
HIGH COURT TRIPURA
Decided on April 23,2021

NATIONAL INSURANCE COMPANY LTD. Appellant
VERSUS
Pratibha Das Respondents

JUDGEMENT

S.G.CHATTOPADHYAY,J. - (1.) By means of filing this appeal, the insurance company has challenged the award dated 20.04.2019 passed by MAC Tribunal (No- 5) West Tripura, Agartala in T.S.(MAC)120 of 2017.
(2.) The claim petition arose out of the death of Ashutosh Das, a permanent employee of Tripura Jute Mills Limited, who died in a road traffic accident at Agartala on 19/05/2017 leaving behind his wife, 03 sons and 03 daughters.
(3.) Prayers made by the appellant insurer in the memo of appeal are as under: 'Under the circumstances stated above, it is most humbly prayed that Your Lordship would be kind enough to: (a) Admit the appeal; (b) Call for the record of T.S.(MAC) 120 of 2017 from the then Ld. Member, Sri. S.Bhattacharjee, Motor Accident Claims Tribunal, Court No.5, West Tripura District, Agartala; (c) Issue Notice upon the respondents. And After hearing both the parties Hon'ble Court would be pleased enough after setting aside the impugned Award dated 20.04.2019 kindly modify the direction of the impugned Award to the effect 1st ly, that number of dependent on the income of the deceased be one(1) instead of seven (7) and thus 1/3rd instead of 1/5th of the monthly income be deducted as personal expenses, 2nd ly 10% of the monthly salary would be deducted as income tax in order to assess actual monthly income of the deceased and 3rd ly, no amount as future prospect would be added with the monthly income since the deceased was above 60 years of age at the time of death. And For this act of kindness the applicant shall ever pray.' ;


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