NATIONAL INSURANCE CO. LTD. Vs. CHHABIRANI SAMANTA AND ORS.
LAWS(CAL)-2014-2-138
HIGH COURT OF CALCUTTA
Decided on February 24,2014

NATIONAL INSURANCE CO. LTD. Appellant
VERSUS
Chhabirani Samanta And Ors. Respondents

JUDGEMENT

- (1.) The insurance company is the appellant. It is aggrieved by an award of the Motor Accidents Claims Tribunal, Purba Medinipur dated April 19, 2006 in MACC No.809 of 2004.
(2.) The mother of a 21-year old bachelor victim killed in a motor vehicle accident on April 2, 2004 filed the application claiming compensation under s.163A of the Motor Vehicles Act, 1988. The claims tribunal granting compensation did not deduct any amount from the victim's income towards his personal and living expenses.
(3.) Mr. Das appearing for the insurance company has submitted that the claims tribunal ought to have deducted 50% from the victim's income towards his personal and living expenses. He has relied on New India Assurance Co. Ltd. v. Charlie & Anr., 2005 2 TAC 297; Syed Basheer Ahamed & Ors. v. Mohd. Jameel & Anr., 2009 1 TAC 794); and Sarla Verma & Ors. v. Delhi Transport Corporation & Anr., 2009 2 TAC 677).;


Click here to view full judgement.
Copyright © Regent Computronics Pvt.Ltd.