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2015 Supreme(Cal) 754

SOUMITRA PAL, MIR DARA SHEKO
New India Assurance Co. Ltd. – Appellant
Versus
Sitarani Jana – Respondent


Advocates Appeared:
For the Appellant :Kamal Krishna Das, Advocate
For the Respondent:Amit Ranjan Roy, Advocate

JUDGMENT :

Soumitra Pal, Mir Dara Sheko, JJ.

By consent of Mr. K.K. Das, learned advocate for the appellant and Mr. Amit Ranjan Roy, learned advocate for the respondents, the appeal is treated as on day's list and is taken up for hearing.

2. The appeal and the cross appeal relate to the judgment and order dated 12th December, 2011 passed by the learned Judge, Motor Accident Claims Tribunal, 2nd Court, Tamluk in M.A.C. Case No. 05 of 2010 filed under section 166 of the Motor Vehicles Act, 1988.

3. The fact is the deceased, an employee of the KTPP, was born on 2nd July, 1955. On 9th July, 2009 he met with an accident and expired. At the time of death he was 54 years of age and was having monthly income of Rs. 13,332/-. After deducting the professional tax, the income of the deceased was Rs. 11,700/- per month. The Tribunal computed the annual income at Rs. 1,40,400/-. After deducting 1/3 towards personal expenses, which he would have spent had he been alive, it was computed at Rs. 83,000/-. Applying the multiplier of 11, the total loss of dependency was calculated at Rs. 10,29,600/- to which Rs. 2,500/- regarding loss of estate, Rs. 5,000/- for loss of consortium, Rs. 2000/- towards fune













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