Jayanta Kumar Biswas, J. - (1.) THE Insurance Company is the appellant. It is aggrieved by an award of the Motor Accident Claims Tribunal, Nadia dated 19th August, 2005 in M.A.C.C. No. 233 of 2003. The parents of a 24 years old bachelor victim killed in a motor vehicle accident on 12th February, 2003 filed the application for compensation. They claimed fault liability compensation. The Claims Tribunal granted compensation choosing the multiplier of 17 referring to the victim's age and deducting one -third towards the victim's personal and living expenses.
(2.) MR . Das leading Mr. Roy appearing for the Insurance Company has submitted as follows. In view of the position of law existing at the date of the award, the Claims Tribunal ought to have chosen the multiplier referring to the unmarried victim's mother's age and deducted 50% from the victim's income towards his personal and living expenses. Mr. Mondal appearing for the claimants has defended the award saying that the decisions he is armed with will show that the law was not what the Insurance Company says it was.
(3.) QUITE a few decisions have been cited to us and we propose to deal with them in their chronological order.;