NEERAJ NIRAJ SINGH Vs. NATIONAL INSURANCE COMPANY LTD.

JUDGEMENT

(1.) The appeal is directed against the judgment and award passed by learned Motor Accident Claims Tribunal, 5th Court, Howrah in connection with MAC Case No. 287 of 2006, whereby learned Tribunal awarded a sum of Rs.7,62,170.00 as compensation.

(2.) Feeling aggrieved the instant appeal has been preferred on the ground that learned Tribunal did not consider the income tax return for the assessment year 2004-05, whereas learned Tribunal took average income from the two income tax returns for the assessment year 2004.05 and assessment year for the period from 1/4/2005 to 31/3/2006. That apart the appeal has been preferred also claiming future prospect and general damages of Rs.70,000.00 in view of the decision of the Hon'ble Apex Court in the case of National Insurance Co. Ltd vs. Pranay Sethi and Ors. reported in 2017 ACJ 2700.

(3.) It is not disputed that one Shyam Sundar Singh, a man of 37 years, died in an motor accident on 20/2/2006 by the involvement of vehicle bearing No. WB-03/8360 due to rash and negligent driving on NH-6 near Nibra Lalbari under Domjur Police Station. On the relevant date at about 18.45 hours the accident took place due to rash and negligent driving of the offending vehicle and said Shyam Sundar Singh sustained severe injury and succumbed to injuries. The fact of accidental death due to rash and negligent driving of the offending vehicle has been substantiated by the evidence of PW- 2 who witnessed the accident and that accident was reported to Domjur P.S where a case No. 38/2006 dtd. 20/2/2006 under Sec. 279/338/427/304A I.P.C was started and after investigation charge-sheet was submitted against driver of the said offending vehicle.