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2008 Supreme(Cal) 986

BHASKAR BHATTACHARYA, RUDRENDRA NATH BANERJEE
Sarama Das – Appellant
Versus
Bhutnath Ghorui – Respondent


Advocates Appeared:
For the Appearing Parties:Jayanta Kumar Mondal, Animesh Das, Advocates.

JUDGMENT:-

(1.) The Judgment of the Court was as follows: Instead of disposal of the application, we propose to hear out the appeal itself by treating it as on days list as a pure question of law has arisen for determination in this appeal.

(2.) This appeal is at the instance of the claimants in a proceeding under Section 166 of the Motor Vehicles Act and is directed against the award dated 24th January, 2005 passed by the Motor Accident Claim Tribunal, Fast Track, First Court at Chandernagore, Hooghly in MAC Case No. 321 of 2003 thereby dismissing the application on the sole ground that the applicants being the three married sisters were not dependant upon the victim and as such, could not maintain the application.

(3.) The learned Tribunal, however, found that in the fact of the present case, the actual amount of compensation should be Rs. 1,74,500/-. The learned Tribunal found that in the fact of the present case, the applicable multiplier should be 17 and that the principle of notional income should be applied.

(4.) After hearing the learned Counsel appearing for the parties and in view of the decision of the Honble Supreme Court in case of Smt. Manjuri Bera v. Oriental Insura





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