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2021 Supreme(Tri) 10

S.G.CHATTOPADHYAY
National Insurance Company Ltd. – Appellant
Versus
Pratibha Das W/o Late Ashutosh Das – Respondent


Advocates:
Advocate Appeared:
For the Petitioner: Mr. A.K. Deb.
For the Respondent: Mr. S. Bhattacharjee.

ORDER :

1. By means of filing this appeal, the insurance company has challenged the award dated 20.04.2019 passed by MAC Tribunal (No. 5) West Tripura, Agartala in T.S. (MAC) No. 120 of 2017.

2. The claim petition arose out of the death of Ashutosh Das, a permanent employee of Tripura Jute Mills Limited, who died in a road traffic accident at Agartala on 19.05.2017 leaving behind his wife, 03 sons and 03 daughters.

3. Prayers made by the appellant insurer in the memo of appeal are as under:

    “Under the circumstances stated above, it is most humbly prayed that Your Lordship would be kind enough to:

(a) Admit the appeal.

(b) Call for the record of T.S. (MAC) No. 120 of 2017 from the then Ld. Member, Sri. S. Bhattacharjee, Motor Accident Claims Tribunal, Court No. 5, West Tripura District, Agartala.

(c) Issue Notice upon the respondents.

And

After hearing both the parties Hon’ble Court would be pleased enough after setting aside the impugned Award dated 20.04.2019 kindly modify the direction of the impugned Award to the effect firstly, that number of dependent on the income of the deceased be one(1) instead of seven (7) and thus 1/3rd instead of 1/5th of the monthly income be deducted as person

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