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IN THE HIGH COURT AT CALCUTTA, CIRCUIT BENCH AT JALPAIGURI
PARTHA SARATHI SEN
Madhabi Das – Appellant
Versus
Oriental Insurance Company Ltd. – Respondent
| Table of Content |
|---|
| 1. challenged decision on compensation awarded. (Para 1 , 2 , 3) |
| 2. arguments regarding notional income & consortium. (Para 4 , 5 , 6 , 7 , 8 , 9 , 10 , 11 , 12 , 13 , 14 , 15 , 16) |
| 3. court's review of precedent cases. (Para 17 , 18 , 19 , 20 , 21 , 22 , 23) |
| 4. calculation of final compensation. (Para 24 , 25 , 26 , 27) |
| 5. disposal order and directives. (Para 28 , 29 , 30 , 31 , 32 , 33) |
JUDGMENT :
Partha Sarathi Sen, J.
1. In the instant appeal the judgment dated 02.07.2024 as passed in MAC Case no. 214 of 2019 as passed by the learned Judge, MAC Tribunal, FTC-2nd, Jalpaiguri (hereinafter referred to as the 'said Tribunal' in short) is assailed.
2. By the impugned judgment the said Tribunal in an application under Section 166 of the Motor Vehicles Act, 1988 (hereinafter referred to as the 'said Act' in short) passed an award for Rs. 7,86,000/- together with interest at the rate of 6% per annum with effect from 02.07.2019 as compensation in favour of the claimant which was directed to be paid within 70 days from the date of passing of the award failing which it was further directed that the said awarded amount would carry interest at the rate 9% per annum from the date of
The assessment of notional income for compensation considers the claimant's inability to provide proof, demanding equitable judgment based on established precedents in the context of parental loss.
The main legal point established is the importance of assessing 'just and fair' compensation under the Motor Vehicles Act, 1988, Section 168, based on income tax returns and legal precedents.
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