SupremeToday Landscape Ad
Back
Next
Judicial Analysis Court Copy Headnote Facts Arguments Court observation
judgment-img

2013 Supreme(Cal) 859

MRINAL KANTI CHAUDHURI, ASHIM KUMAR BANERJEE
Chhaya Sarkar – Appellant
Versus
Oriental Insurance Co. Ltd. – Respondent


Advocates Appeared:
For the Appellant : Saidur Rahaman
For the Respondent:Parimal Kumar Pahari, Advocate for Insurance Company

JUDGMENT :

1. An interesting question has been raised by Mr. Saidur Rahaman, learned Counsel appearing for the appellants, in this appeal, apart from other common issues. The victim was a bachelor. He died in the accident leaving him surviving his parents. As per the voter identification card, the victim was 23 years old and his mother was 36 years old, as claimed by the claimants. Mr. Parimal Kumar Pahari, learned Counsel appearing for the Insurance Company, has raised doubt, and in our view, very rightly.

2. Mr. Rahaman would, however, raised a legal issue as to whether the Tribunal was justified in choosing the multiplier considering the age of the mother and ignoring the age of the victim. He would contend, the decision in the case of Reshma Kumari and Others Vs. Madan Mohan and Another, the Larger Bench discussed the decision in the case of Smt. Sarla Verma and Others Vs. Delhi Transport Corporation and Another, in v. mode be case and of the to would a should cases as Chandra all said decision Act, U.P. State Road Transport Corporation and Others Vs. Trilok Chandra and Others, (1996) 4 SCC 362 was overruled by implication.

3. On the other issue, Mr. Rahaman would submit, the Trib















Click Here to Read the rest of this document

1
2
3
4
5
6
7
8
9
10
11
SupremeToday Portrait Ad
supreme today icon
logo-black

An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers

Please visit our Training & Support
Center or Contact Us for assistance

qr

Scan Me!

India’s Legal research and Law Firm App, Download now!

For Daily Legal Updates, Join us on :

whatsapp-icon telegram-icon
whatsapp-icon Back to top