SupremeToday Landscape Ad
Back
Next
Judicial Analysis Court Copy Headnote Facts Arguments Court observation
Listen Audio Icon Pause Audio Icon
judgment-img

2016 Supreme(Sikk) 8

SUNIL KUMAR SINHA
BRANCH MANAGER, NATIONAL INSURANCE CO. LTD. EAST SIKKIM – Appellant
Versus
KHARKA SINGH TAMANG – Respondent


Advocates:
Advocate Appeared:
For the Appellant :Mr. Thupden G. Bhutia, Advocate
For the Respondent:Mr. Ajay Rathi and Ms. Phurba Diki Sherpa, Mr. Bhushan Nepal, Advocate

JUDGMENT :

Sunil Kumar Sinha, J.

Deceased, Sunita Tamang was a house-wife. She was aged about 40 years. She died in a motor accident on 01.09.2014. On a claim petition filed u/S. 166 of the Motor Vehicles Act, 1988, by her husband and minor son (Respondents 1 and 2 herein), the Tribunal assessed her income at Rs. 13,275/- per month, applied multiplier of 15 and after deducting ?rd towards her personal expenses assessed the loss of earning at Rs. 15,93,000/-. The Tribunal also awarded Rs. 7,96,500/- towards future prospects; Rs. 25,000/- towards funeral expenses; Rs. 2,500/- towards loss of estate; Rs. 25,000/- towards non-pecuniary damages and Rs. 1,00,000/- towards loss of consortium. The Tribunal, thus, awarded a total sum of Rs. 25,42,000/- as compensation to Respondents 1 and 2 on account of death of deceased, Sunita Tamang in the motor accident. The Tribunal also awarded interest @ 10% per annum from the date of filing of claim petition Branch Manager, NIC Ltd. v. K.S. Tamang & Ors. till realization. The Insurance Company was held liable to pay the aforesaid amount.

2. Mr. Thupden G. Bhutia, learned counsel appearing on behalf of the Appellant, raised two fold arguments. He first



















Click Here to Read the rest of this document

1
2
3
4
5
6
7
8
9
10
11
SupremeToday Portrait Ad
supreme today icon
logo-black

An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers

Please visit our Training & Support
Center or Contact Us for assistance

qr

Scan Me!

India’s Legal research and Law Firm App, Download now!

For Daily Legal Updates, Join us on :

whatsapp-icon telegram-icon
whatsapp-icon Back to top