UNITED INDIA INSURANCE COMPANY LIMITED Vs. SMT. RADHIKA MAHATO & ORS.
LAWS(CAL)-2018-2-175
HIGH COURT OF CALCUTTA
Decided on February 01,2018

UNITED INDIA INSURANCE COMPANY LIMITED Appellant
VERSUS
Smt. Radhika Mahato And Ors. Respondents

JUDGEMENT

DIPANKAR DATTA,J. - (1.) CAN 1778 of 2017 is an application at the instance of the claimants/respondents 1 to 5 (hereafter the claimants) seeking early disposal of the appeal under section 173 of the Motor Vehicles Act, 1988, presented by the appellant/insurer. Since the appeal is more than a decade old, we have considered it proper to take it up for final decision with the consent of the parties. The application, accordingly, stands disposed of.
(2.) The tribunal by its award dated 30th August, 2005 allowed M.A.C. Case No. 562 of 2003 (renumbered 18 of 2005) by holding that the claimants before it were entitled to compensation in a sum of Rs. 20,40,000/-, payable by the insurer of the offending vehicle.
(3.) The only point raised by Mr. Das, learned advocate appearing in support of the appeal is that the tribunal erred in assessing compensation payable to the claimants. Reference is made to a particular festival allowance which was received by the victim in a particular month and he submits that without deducting such one-time festival allowance, the notional income of the victim was computed.;


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