RUMI SARKAR Vs. NEW INDIA ASSURANCE CO. LTD.
LAWS(CAL)-2021-6-79
HIGH COURT OF CALCUTTA
Decided on June 18,2021

Rumi Sarkar Appellant
VERSUS
NEW INDIA ASSURANCE CO. LTD. Respondents




JUDGEMENT

Shekhar B. Saraf, J. - (1.)The claimants are in appeal, complaining of the inadequate compensation granted by the learned Judge, 9th Motor Accident Claims Tribunal, Alipore, South 24 Parganas in its award dtd. September 01, 2017 in M.A.C. Case No. 4 of 2017.
(2.)The appellants state that the victim who was an employee of Help Tourism Pvt. Ltd., died at the age of 38 years. Accordingly, the claimants are entitled to 40% on account of future prospects of the victim and Rs. 70,000/- under collective heads of general damages in view of the law as it stands now after the judgments in delivered by the Hon'ble Supreme Court in the cases of Smt. Sarla Verma and Ors. Vs. Delhi Transport Corporation and Anr., reported in (2009) 6 SCC 121 and National Insurance Company Ltd. Vs. Pranay Sethi and Ors., reported in (2017) 16 SCC 680. However, learned Tribunal erred in not allowing the same.
(3.)The insurance company is represented and submits that the multiplier in the instant case should have been 15 instead of 16, which had been adopted by the leanred Court below. Further no amount has been deducted under the head of professional tax of the victim, in spite of specific evidence by PW3 that professional tax was being deducted from the monthly salary of the deceased.


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