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2020 Supreme(Sikk) 2

ARUP KUMAR GOSWAMI
Branch Manager, National Insurance Company Limited – Appellant
Versus
Bishal Chettri – Respondent


Advocates Appeared:
For the Appellant :Sushant Subba, Advocate
For the Respondent:N. Rai, Senior Advocate, K.B. Chettri and Sishir Mothay, Advocates

JUDGMENT :

Arup Kumar Goswami, .J.

1. Heard Mr. Sushant Subba, learned counsel appearing for the appellant. Also heard Mr. N. Rai, learned Senior Counsel assisted by Mr. K.B. Chettri, appearing for respondent no. 1 and Mr. Sishir Mothay, learned counsel appearing for respondent no. 2.

2. This appeal is presented by the National Insurance Company Limited under Section 173 of the Motor Vehicles Act, 1988, for short, the Act, against the judgment and order dated 25.04.2019 passed by the learned Motor Accidents Claims Tribunal, East Sikkim, for short, Tribunal, in MACT Case No. 30 of 2018.

3. The learned Tribunal, on the basis of evidence on record, more particularly, Exhibit-11, held that injured was having an annual income of Rs. 1,20,000/-. It was also held that he was 22 years of age at the time of accident. On the basis of Exhbibit-9 it was also held that he suffered from 80% disablement. Accordingly, the learned Tribunal awarded compensation by calculating as follows:

1.

Annual income of the Claimant

Rs.1,20,000/-

2.

40% added as future prospect

Rs.48,000/-

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