LAWS(CAL)-2021-11-119

SABEDA BIBI Vs. NEW INDIA ASSURANCE CO. LTD

Decided On November 30, 2021
Sabeda Bibi Appellant
V/S
NEW INDIA ASSURANCE COMPANY LIMITED Respondents

JUDGEMENT

(1.) The appeal has emerged out against the judgement and award dated 22nd day of August, 2016, passed by learned Judge, Motor Accident Claims Tribunal, Additional District Judge, Fast Track Court-I, at Barrackpore, in M.A.C. Case No.28 of 2014 on a claim case under Sec. 166 of the M.V. Act, 1988, granting award to the tune of Rs.6,05,516.00 to dependents/claimants/appellants of the deceased namely, Rabiul Haque Mallick for a vehicular accident occurred on 3rd day of October, 2011, by reason of involvement of vehicle bearing No.WB-37A/9379 in consequence of rash and negligent driving.

(2.) Primarily, three grounds are urged to challenge the impugned award alleging its inadequate quantification by the Tribunal.

(3.) Mr. Mandal, learned advocate representing the appellants/claimants submits that the learned Tribunal has committed error in law by not granting 15% additional income towards future prospects of the deceased, since the deceased was 57 years old and engaged in permanent employment under the West Bengal State Electricity Distribution Company Limited.