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2018 Supreme(Sikk) 73

MEENAKSHI MADAN RAI
Branch Manager, Shriram General Insurance Company Limited – Appellant
Versus
Churamani Sharma, Son of late Dilli Ram Sharma – Respondent


Advocate Appeared:
For the Appellant :Mr. Yadev Sharma and Mr. Dilip Kumar Tamang, Advocates
For the Respondent:Mrs. Vidya Lama and Mr. Nima Tshering Sherpa, Mr. Rajendra Upreti, Advocate

JUDGMENT :

Meenakshi Madan Rai, J

1. The Motor Accidents Claims Tribunal, East Sikkim at Gangtok (for short 'learned Tribunal'), vide the impugned Judgment and Award dated 22.02.2017 in MACT Case No. 51 of 2015, directed the Appellant to pay a sum of Rs.6,72,500/-(Rupees six lakhs, seventy two thousand and five hundred) only, with interest at the rate of 10% per annum, on the said sum, to the Respondents No. 1 and 2, from the date of filing of the Claim Petition i.e. 21.12.2015, till full and final payment.

2. Aggrieved by the said Judgment and Award, the Appellant is before this Court assailing both, on one ground viz. that the learned Tribunal wrongly computed the Notional Income of the deceased, a minor aged 12 years at Rs.6,000/-(Rupees six thousand) only, per month. The other grounds were not pressed in Appeal.

3. The Respondents No. 1 and 2 herein, were the Claimants No. 1 and 2 before the learned Tribunal. The Appellant herein was the Opposite Party No. 2 and the Respondent No. 3 herein was the Opposite Party No. 1 before the learned Tribunal. They shall be referred to in th

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