KASHINATH BARH Vs. NATIONAL INSURANCE CO LTD
LAWS(CAL)-2013-12-115
HIGH COURT OF CALCUTTA
Decided on December 17,2013

Kashinath Barh Appellant
VERSUS
NATIONAL INSURANCE CO LTD Respondents

JUDGEMENT

- (1.) THIS appeal is preferred by the claimant -appellant against the judgement dated 31st July, 2006 passed by the learned Judge of the Motor Accident Claims Tribunal, Alipore, South 24 - Parganas in M.A.C.C. No. 184 of 2006 by which the Tribunal awarded compensation of Rs. 30,000/ - only.
(2.) THE claimant -appellant sustained injuries in the motor accident on 16.9.2001 and was treated in the hospital, but ultimately suffered from permanent partial disablement to the extent of 30%. The claimant -appellant claimed compensation of Rs. 1,00,000/ - by filing application under Section 166 of the Motor Vehicles Act, 1988.
(3.) THE respondent -Insurance Company contested the claim proceeding before the Tribunal but the owner of the offending vehicle did not contest the claim. Learned Advocate for the claimant -appellant submits that the learned Judge of the Tribunal did not rely upon the certificate of permanent partial disablement of the appellant without assigning proper reasons. Learned Advocate further submits that the Tribunal did not adopt proper method for calculation of loss of income of the appellant for the purpose of awarding compensation. Learned Advocate also submits that the Tribunal did not award interest on the amount of compensation without assigning any reason.;


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