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2022 Supreme(Cal) 314

BIBHAS RANJAN DE
Rupa Biswas – Appellant
Versus
National Insurance Company Ltd. – Respondent


Advocates appeared:
Mr. Jayanta Kumar Mondal, Advocate, for the Appellant; Mr. S.N. Ganguly, Advocate, for the Respondent

JUDGMENT

Bibhas Ranjan De, J. - Judgement and award passed by the Learned Motor Accident Claims Tribunal, Additional District Judge, Barasat, 2nd Court, North 24 Pargans, in connection with MAC No. 75 of 2010 has been assailed by this appeal on the ground of insufficient award ignoring settled parameters for calculation of the award. It is further alleged that Ld. Judge ignored the series of Income Tax Returns showing monthly income of Rs. 9,000/- and wrongly assessed the income of the victim as Rs. 15,000/- per annum. That apart, Ld. Judge failed to add mandatory interest along with the award.

2. The claim petition under Section 166 of the MV Act, 1988, was filed with a prayer for compensation to the tune of Rs. 9,90,000/- on account of accidental death of one Pramit Kumar Biswas, aged about 42 years on 05.09.2009 at about 7.45 a.m. by the involvement of one vehicle (Bus) bearing no. WB- 25/2232. According to claim petition, on the alleged date and time, the said bus while moving with high speed and in negligent manner towards Kestopur side through VIP Road, dashed the Motor Cyc

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