NATIONAL INSURANCE COMPANY LIMITED Vs. RUPALI OJHA

JUDGEMENT

(1.) The First Miscellaneous Appeal has been filed by the Appellant/National Insurance Company assailing the judgment and award dtd. 3/1/2014 passed by the learned Tribunal Judge, Motor Accident Claims Tribunal, 1st Court, Suri, Birbhum in MAC Case No. 61/2011 on the following grounds:

(2.) On the other hand, the claimants/respondents filed a COT in the aforesaid appeal on the ground that the learned Tribunal wrongly awarded compensation to the tune of Rs.20,71,630.00 without adding future prospects and actual general damages. If future prospects and actual general damages would have been considered, the compensation amount would have more than the awarded compensation amount. The learned Tribunal Judge not awarded interest over the total compensation as prayed for from the date of filing of the claim application i.e. on 21/3/2011 till realization. Hence, both appeal and COT have come up before this Court for their disposal.

(3.) The brief facts of this case are as under: