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2023 Supreme(Gau) 200

ARUN DEV CHOUDHURY
Abdul Awal @ Auwal – Appellant
Versus
United India Insurance Co. Ltd. – Respondent


Advocates:
Advocate Appeared:
For the Appellant :MR. S SINGH, Mr. A. Bhattacharyya, Advocate.
For the Respondent:MR SISHIR DUTTA, Ms. M. Choudhury, Advocate,

JUDGMENT :

Heard Mr. A. Bhattacharyya, learned counsel for the appellant. Also heard Ms. M. Choudhury, learned counsel for the respondent No. 1, Insurance Company.

2. The present appeal under Section 173 of the Motor Vehicle Act, 1988 is preferred by the claimant in MAC Case No. 1438/2014 against the Judgment and Order dated 29.09.2018, passed by the learned Member of Motor Accident Claims Tribunal, No. 1, Kamrup (M) at Guwahati in MAC Case No. 1438/2014 for enhancement of award.

3. The appellant claims enhancement on the ground that the learned Tribunal below has wrongly determined the income of the deceased ignoring the materials available on record inasmuch as the income of the deceased has been determined notionally at Rs. 4,000/-per month. The other grievance is that the learned Tribunal below has failed to appreciate the settled proposition of law and failed to award just compensation against future prospect and multiplier.

4. In addition to that the learned counsel for the appellant further contends that though no specific ground is taken, however, in view of the change in t

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