NEW INDIA ASSURANCE CO LTD Vs. AMITAVA DAS

JUDGEMENT

(1.) Heard the learned Advocates appearing for the parties.

(2.) This appeal has been preferred by the Insurance Company assailing the judgment and order passed on 21st June, 2004 by the learned Judge, Motor Accident Claims Tribunal, 11th Court, Alipore, District South 24- Parganas M.A.C.Case No. 252 of 2003. The main grievance of the appellant herein who got leave under Section 170 of the Motor Vehicles Act, 1988 to contest the matter on all the points as available to the owner of the offending vehicle, is on the issue of wrong fixation of the compensation amount holding 25% physical disability is directly proportionate to identify the 25% loss of the income and also on the point of wrong application of multiplier under Section 163A of the Motor Vehicles Act.

(3.) The factual scenario of the matter in short is to this effect,