SHANKAR CHANDRA BERA Vs. NEW INDIA ASSURANCE COMPANY LTD
LAWS(CAL)-2011-4-17
HIGH COURT OF CALCUTTA
Decided on April 12,2011

SHANKAR CHANDRA BERA Appellant
VERSUS
NEW INDIA ASSURANCE COMPANY LTD. Respondents

JUDGEMENT

Talukdar, J. - (1.) COMPUTING the income of the deceased on notional basis and upon applying the multiplier of 17, the Fast Track First Court, Tamluk functioning as the Motor Accident Claims Tribunal in connection with M.A.C.C. Case No. 127 of 2004 by her Judgment and Order under appeal of 09.08.2007 passed award in favour of the appellants for Rs.1,79,500/- with application of a default clause that interest would be paid @ 6% per annum in the event the same is not paid, within two months.
(2.) IN this appeal, which has been argued by Shri Subir Banerjee assisted by Shri Jayanta Banerjee three main points have been taken. According to Shri Banerjee it is the case of the appellants in the Claim Petition that the deceased was a tailor and he was 35 years at the time of her death. She earned Rs.110/- per day from tailoring and the appellants were dependant on her income having no other source to maintain themselves. In his evidence, P.W.1, Husband of the deceased also spoke likewise. He could not be discredited in his cross examination.
(3.) THE Tribunal held : "......no cogent document has forthcoming before the learned Court showing income of V.G. Considering the facts and circumstances of the case I think that the income of the V.G. would be calculated by fixing notional income of Rs.15,000/- p.a.........." She also directed payment of interest @6% per annum on the amount in the event it remained unpaid beyond the period of two months.;


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