- (1.) This appeal along with cross-objection, being COT No. 31 of 2010, are taken up together. Although the original memorandum of the cross-objection is not available on record, let the copy of the memorandum of the cross-objection filed by Mr. Banik, learn-ed advocate appearing for the claimants, be kept with the record and be treated as original, so long the original is not found out.
(2.) This appeal is at the instance of the insurance company and is directed against an award dated 31.1.2008 passed by the learned Judge, City Civil Court, 3rd Bench, Kolkata in M.J.C. Case No. 700 of 2006 thereby awarding a sum of Rs. 3,00,000 as compensation for the injury of the victim, which resulted from an accident, where the offending vehicle was insured by the appellant.
(3.) It appears from record that the victim was in the age group of 30-35 years and thus, the learned Tribunal below applied the multiplier of 17. The learned Tribunal below relied upon the certificate indicating that victim became disabled to the extent of 35 per cent and by treating his monthly income to be Rs. 3,000, the learned Tribu-nal below applied the Second Schedule of the Motor Vehicles Act and thus, arrived at a figure of Rs. 2,14,200.;