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IN THE HIGH COURT AT CALCUTTA CIRCUIT BENCH JALPAIGURI
ANIRUDDHA ROY
Tara Sharma – Appellant
Versus
National Insurance Company Limited – Respondent
JUDGMENT :
ANIRUDDHA ROY, J.
Facts:
1. An appeal, on board, for final disposal.
2. This is an appeal filed by legal heirs of the deceased insured from the impugned judgment and order dated December 10, 2019 passed by the jurisdictional Motor Accident Claim Tribunal under the provisions of the Motor Vehicles Act, 1988 (hereinafter, MVA).
3. The inescapable facts are only stated. The appellants are the legal heirs of the deceased insured, namely, Durga Prasad Sharma @ Bhattarai since deceased (hereinafter, the deceased). The first appellant is the widow of the deceased. The deceased was a primary school teacher and working under Human Resources Department, Government of Sikkim. He died on October 18, 2013, out of a motor accident. The deceased was insured with the respondent insurance company. Since the death was unnatural, post-mortem had taken place in usual course and the post- mortem report dated October 19, 2013, (hereinafter, P.M. report) is at page 42 of the appeal paper book. The P.M. report records that as on the date of death the deceased was 50 years of age.
4. The appellants then applied under Section 166 of MVA before the jurisdictional tribunal claiming compensation as mentio
The main legal point established in the judgment is the need to consider future prospects and deductions for personal expenses while calculating compensation, as per the legal principles established ....
Tribunals may rely on unrebutted testimony for income and age in accident claims; compensation calculated using one-third deduction, age-based multiplier per Sarla Verma and Pranay Sethi, without fut....
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