ACHINA BEWA & ORS. Vs. THE ORIENTAL INSURANCE CO. LTD. & ANR.
LAWS(CAL)-2012-2-399
HIGH COURT OF CALCUTTA
Decided on February 17,2012

Achina Bewa And Ors. Appellant
VERSUS
The Oriental Insurance Co. Ltd. And Anr. Respondents

JUDGEMENT

ASHIM KUMAR BANERJEE,J. - (1.) Heard Mr. Subir Banerjee, learned Counsel appearing for the appellants and Mr. Ashimesh Goswami, learned Counsel for the respondents.
(2.) Perused the judgment and order of the Tribunal, wherein the Tribunal declined to apply the ratio decided in the case of Laxmi Devi and others v. Mohammad Tabbar and another, reported in 2008 ACJ 1488 (SC) , while assessing the notional income of the victim. The Tribunal also erred in declining award of interest, that too without any reason.
(3.) In our view, when the Tribunal was not satisfied with the income of the victim that was claimed by the appellants, the Tribunal should have fixed the notional income by taking recourse to the formula adopted by the Apex Court in the case of Laxmi Devi and others (Supra).;


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