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2017 Supreme(Cal) 89

RAKESH TIWARI, MIR DARA SHEKO
National Insurance Co. Ltd. – Appellant
Versus
Mainak Ghosh – Respondent


Advocates Appeared:
For the Appellant : Mr. Kamal Krishan Das
For the Respondents: Mr. Amit Ranjan Roy

JUDGMENT :

Mir Dara Sheko, J.

1. This appeal is at the instance of the National Insurance Co. Ltd. appellant/opposite party, referred to hereinafter as the appellant, assailing the judgment of award passed on 31st January, 2015 by learned Motor Accident Claims Tribunal City Civil Judge, 3rd Court, Calcutta in MAC case no.96 of 2013 under Section 166 of the Motor Vehicles Act, 1988.

2. Malati Ghosh, mother of respondent no.1 and wife of respondent no.2, was a clerk of Vidyasagar Engineering College, she died in a road accident allegedly caused by negligent driving of the private bus no.- W.B. 19E2199. Respondents nos. 1 and 2 prayed for compensation before the Tribunal of Rs.23,00,000/-under Section 166 of the Act.

3. Taking monthly salary of the victim @Rs.25852/-, applying multiplier of ‘11’ in view of age of the deceased, deducting 1/3rd amount therefrom for personal expenses, and, making addition thereto an amount of Rs.2000/- towards funeral expenses as well as Rs.5000/-towards loss of consortium, learned Tribunal by the impugned judgment directed the appellant, the insurer of the offending vehicle, to deposit the awarded amount of Rs.22,81,976/- with interest of 8%.

4. Being dissat













































































































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