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2005 Supreme(Gau) 333

I.A.ANSARI, A.B.PAL
Narayan Debnath – Appellant
Versus
Sukumar Roy – Respondent


Advocates:
Advocate Appeared
For Appellant/Petitioner/Plaintiff: A.C. Bhowmick, Adv.
For Respondents/Defendant: A. Gonchoudhury, Adv.

JUDGMENT

I.A. Ansari, J.

1. This is an appeal made under Section 173 of the Motor Vehicles Act, 1973, against the judgment and award, dated 30.5.1998, passed in TS (MAC) No. 176/1994, by the learned Member, Motor Accident Claims Tribunal, West Tripura, Agartala, awarding a sum of Rs. 50,000 only as compensation to the claimants, who are parents of deceased Nemai Debnath, who died in a motor vehicular accident, on 29.7.1994, at the age of 6 years. Challenging the compensation awarded as inadequate, the appellants have preferred this appeal.

2. We have heard Mr. A.C. Bhowmick, learned counsel for the appellants, and Mr. A Gon choudhury, learned counsel for the insurer-respondent.

3. The limited question, which has been raised in this appeal, is the quantum of compensation, which should have had been awarded to the claimants-appellants. In Oriental Insurance Co. Ltd. v. Shri Josua Halam and Ors., decided on 9.2.2005, a Division Bench of this Court (to which one of us, A.B. Pal, J, was a party), while dealing with the principles governing fixation of amount of compensation in respect of a four years old child, observed as follows:

In C.K. Subramania Iyer and Ors. v. T. Kunhikuttan Nair and









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