NEW INDIA ASSURANCE CO. LTD. Vs. SMT. KRISHNA RANI SAHA ALIAS KRISHNA SAHA AND OTHERS
LAWS(CAL)-2008-3-101
HIGH COURT OF CALCUTTA
Decided on March 19,2008

NEW INDIA ASSURANCE CO. LTD. Appellant
VERSUS
Smt. Krishna Rani Saha Alias Krishna Saha And Others Respondents

JUDGEMENT

Bhaskar Bhattacharjee, J. - (1.) This appeal was heard subsequent to the conclusion of hearing of the aforesaid four appeals but as the point involved herein is the same, we propose to decide this appeal along with the above mentioned four appeals.
(2.) By this appeal the Insurance Company has challenged the award passed by the Tribunal below by which the said Tribunal assessed the compensation in terms of Section 163-A of the Act in case of a death of a minor aged 12 years at Rs. 2,29,500/- in favour of the parents of the minor.
(3.) In assessing such amount, the Tribunal accepted the notional income of the minor to be Rs. 15,000/- and multiplied the same by 15 and added Rs. 4,450/- as funeral expenses and loss of estate. The Tribunal, as it appears from record, failed to deduct a sum of Rs. 5,000/- as required under Note-6 to the Second Schedule before multiplying Rs. 15,000/- with 15. Thus, the amount should be Rs. 1,54,500/- and should carry interest at the rate of 8% p.a. from the date of filing the application till the deposit of the amount by the appellant.;


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