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2014 Supreme(Online)(Cal) 5

CALCUTTA HIGH COURT
Ashim Kumar Banerjee, Mrinal Kanti Chaudhuri, JJ.
Chhaya Sarkar and Another v. Branch Manager Oriental Insurance Co. Ltd. and Another


Advocates:
For the Appellants/Petitioners: Saidur Rahaman
For the Respondents: Parimal Kumar Pahari

Table of Content
1. the victim's age and the financial influence of his death on dependents must factor in compensation calculations. (Para 1 , 2 , 3)
2. legal arguments regarding victim's income and existing precedents impacting the ruling. (Para 4 , 5)
3. court's reasoning on the influence of the victim's and mother's ages on compensation determination. (Para 6 , 7 , 9 , 10 , 11)
4. calculation of the victim's income and adjustment of multiplier according to the ruling. (Para 12)
5. final decision to modify the award and payment directives. (Para 13 , 14 , 15 , 16 , 17 , 18)

1. An interesting question has been raised by Mr. Saidur Rahaman, learned counsel appearing for the appellants, in this appeal, apart from other common issues. The victim was a bachelor. He died in the accident leaving him surviving his parents. As per the voter identification card, the victim was 23 years old and his mother was 36 years old, as claimed by the claimants.

2. Mr. Parimal Kumar Pahari, learned counsel appearing for the Insurance Company, has raised doubt, and in our view, very rightly.

3. Mr. Rahaman would, however, raise a legal issue as to whether the tribunal was justified in choosing the multiplier


















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