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2006 Supreme(Gau) 464

A.B.PAL
National Insurance Co. Ltd. – Appellant
Versus
Sandhya Rani Debbarma – Respondent


Advocates:
Advocate Appeared
For Appellant/Petitioner/Plaintiff: A. Lodh, Adv.
For Respondents/Defendant: S. Deb and B. Debnath, Advs.

JUDGMENT

A.B. Pal, J.

1. The short question to be considered in this case is whether the quantum of compensation and the principle employed for working out the same can be called into question by the insurer of the vehicle involved in the accident in a proceeding under Article 227 of the Constitution on the face of restrictions embodied in Section 149(2) of the Motor Vehicles Act (for short, 'the Act') and the ratio laid down on this issue by the Apex Court and several other High Courts.

2. I have heard Mr. A. Lodh, learned Counsel for the Petitioner-Insurer Company and Mr. S. Deb, learned Sr. counsel assisted by Mr. B. Debnath, learned advocate for the Respondents.

3. On 14.11.03, Ranjit Debbarma, a Jr. Engineer under the Government of Tripura was traveling by a jeep TR-01-3476. The said vehicle met an accident due to head-on collision with a Bus bearing No. TR-01-1286 on Assam-Agartala road. Ranjit succumbed to the injuries sustained by him. He is survived by wife, two minor daughters, one minor son and father who claimed compensation to the tune of Rs. 33,45,000/-. The learned Tribunal adopted multiplier method of calculation by choosing 17 as the multiplier after determining the ag










































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