NATIONAL INSURANCE CO. LTD. Vs. SMT. PROBHATI ADHIKARY AND OTHERS
LAWS(CAL)-2016-1-91
HIGH COURT OF CALCUTTA
Decided on January 19,2016

NATIONAL INSURANCE CO. LTD. Appellant
VERSUS
Smt. Probhati Adhikary And Others Respondents

JUDGEMENT

INDIRA BANERJEE, J. - (1.) The defects, noted by the Additional Stamp Reporter, are no defects in the eye of law. There is no question of replacing the word 'Award' from the classification of appeal with the word 'Order'. We are informed that statutory amount has been deposited.
(2.) This appeal is against a judgment and award dated 30th November, 2013 passed by the Motor Accident Claims Tribunal/Judge, Special Court-cum-Additional District and Sessions Judge, Alipore, South 24-Parganas in MAC Case No.235 of 2001, being an application filed by the respondent nos.1 and 2, hereinafter referred to as 'the respondent claimants', under Section 163A of the Motor Vehicles Act, 1988, on account of the death of their son, Joykrishna Adhikary, in a motor accident in course of use of a mini truck being vehicle no.WB-03A-7658, owned by the respondent no.3, Naresh Sahu and covered by a policy of insurance taken out by the appellant insurer, National Insurance Company Limited.
(3.) By the judgment and award impugned, the learned Tribunal awarded the respondent claimants total compensation of L 3,88,500/- on account of the death of their only son. It appears that the learned Tribunal arrived at the finding that the deceased victim had annual income of L 36,000/-. From L 36,000/-, one-third, that is, L 12,000/- was deducted towards personal and living expenses of the deceased. The balance amount of L 24,000/- was multiplied by "16", being the multiplier applicable to the age group to which the deceased victim belonged at the time of his death. It appears that at the time of accident, the deceased victim was about 27 years of age.;


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