SIBANI PARUI Vs. NATIONAL INSURANCE CO. LTD.

JUDGEMENT

(1.) The appellant has filed this instant appeal against the judgment and award dtd. 20/11/2019 passed by the learned Judge, Motor Accident Claims Tribunal, Fast Track, 4th Court, North 24-Parganas, Barasat, whereby the learned Tribunal awarded a compensation to the tune of Rs.3,94,000.00 to be paid within 30 days from the date of judgment and award. In default, to pay interest @ 7% per annum from the date of default till final realisation of the compensation amount in a death case filed under Sec. 166 of the Motor Vehicles Act, 1988 (hereinafter referred to as 'the said Act").

(2.) Mr. Bhattacharya, learned counsel for the appellant/claimant moved two applications. Firstly, the application for deletion of name of appellant no. 2 from the cause title of memo of appeal on account of her death. Appellant no. 1 is now only sole legal heir and representative of the victim. Appellant also appended the death certificate with the said application. Secondly, the application for condonation of delay of 378 days in filing the instant appeal. He further referred paragraphs 5 and 6 to show the causes for not filing appeal within the limitation as prescribed under Sec. 173(1) of the said Act. He prays for allowing both applications.

(3.) In addition, it is submitted that the grounds for challenge of the impugned judgment and award involves very simple issues. Actually, the learned Tribunal committed serious error in not allowing compensation under the head of future prospect and actual General damages. Ld Tribunal further wrongly selected the multiplier as 16 instead of 17 and interest to be paid 7% from the date of default till final realisation of the compensation amount though it ought to be allowed interest from the date of filing application till final realization.