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2016 Supreme(Tri) 62

DEEPAK GUPTA
United India Insurance Company Ltd. – Appellant
Versus
Keshab Ghosh – Respondent


Advocates:
Advocate Appeared:
For the Appellants : Mr. S.D. Chowdhury
For the Respondents: Mr. P.K. Pal

JUDGMENT :

Both the appeal and the cross objection are being disposed of by a common judgment since the both arise out of the award of the learned Motor Accident Claims Tribunal, Sonamura, West Tripura dated 03.05.2012 in Case No. T.S(MAC) 41 of 2011 whereby the learned Tribunal awarded a sum of Rs.21,60,070/- in favour of the claimant under the following heads:

(i) Cost of medicines = Rs. 2,69,832/-

(ii) Cost of attendant = Rs. 16,350/-

(iii) Cost of air fare & subsequent treatment = Rs. 32,210/-

(iv) Consultation fees = Rs. 4,950/-

(v) Loss of income = Rs.16,51,728/-

(vi) Conveyance allowance = Rs. 20,000/-

(vii) Incidental cost = Rs. 15,000/-

(viii)Pain & sufferings = Rs. 1,00,000/-

(ix) Future expenses = Rs. 50,000/-

Total : Rs.21,60,070/-

Both, the claimant and the insurance company have challenged the award. The claimant claims more amount whereas according to the insurance company the amount awarded is already excessive.

2. The claimant states that he was working as a Sub-Contractor under the Project Manager of Rimky Construction. According to the claimant he also had some landed property and his total income both from work of Sub-Contractor and property was Rs.10,588/-. The learned Trib


































































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