NATIONAL INSURANCE CO. LTD. Vs. MAHUA BHAR

JUDGEMENT

(1.) The appeal is directed against the judgment and award dtd. 12/6/2018 passed by the Judge, Motor Accident Claims Tribunal-cum-Additional District & Sessions Judge, 1st Court, Hooghly, in M.A.C. Case No. 79 of 2015. The claim was filed under Sec. 166 of the M. V. Act, 1988. The appeal has been preferred by the appellant insurance company, inter alia, primarily on the ground of quantum of the compensation awarded by the Tribunal. It is argued by counsel for the appellant/insurance company that the Tribunal has wrongly assessed the annual income of the deceased and has applied the wrong multiplier apropos the age of the deceased at the time of accident.

(2.) Mr. Paul further submits that the Tribunal erred in law while assessing annual loss of dependency by ignoring the fact that the business of the victim is still running and the claimants are still enjoying income from said business of the victim, therefore, the Tribunal ought to have considered this aspect while assessing the pecuniary loss as well as annual loss of dependency.

(3.) Per contra, counsel for the respondent Nos. 1-4/ claimants submits that the Tribunal has taken the income of the deceased victim incorrectly and the same is on lower side. Compensation granted under the head of loss of consortium has also been challenged by way of COT 66 of 2019.