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2011 Supreme(Cal) 459

AMIT TALUKDAR, PRABHAT KUMAR DEY
Swapna Roy – Appellant
Versus
New India Assurance Company Limited – Respondent


Advocates Appeared:
Indranil Chakraborty, Parimal Pahari

JUDGMENT

Talukdar, J.

1. ASSAILING the Judgment and Order dated 18.08.2006 passed by the learned Motor Accident Claims Tribunal, Calcutta in M.A.C.C. Case No. 212 of 2005 this appeal has been preferred by the widow and the three sons of the deceased. The Tribunal by its impugned Judgment and Order under appeal disbelieved the income capacity of the deceased and based his finding on notional income and returned the award of Rs. 90,000/-.

2. APART from applying the default clause of interest @9% per annum, he was of the view that"...........considering the facts and circumstances of the present case, at this stage I am not awarding any interest in favour of the claimants..............."

Shri Chakraborty for the appellant has argued the appeal in great details. He has taken us through the entire records and wondered as to whether the finding of the learned Tribunal based on notional income can be maintained. For this purpose Shri Chakraborty took us to Part-ll of the Paper Book including the Supplementary Application being C.A.N 1313 of 2010 to show that there was an income of the deceased, which the learned Tribunal did not take into account. He also submitted that succession certifica






























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