Sukdeb Maiti vs New India Assurance Company Ltd. & ...
2023 Latest Caselaw 5493 Cal

23.08. 2023
 item No.1
n.b.
ct. no. 551               FMAT(MV) 224 of 2022


                         Sukdeb Maiti
                               Vs.
              New India Assurance Company Ltd. & Anr.


              Mr. Pingal Bhattacharyya,
              Mr. Poonam Keswari,
              Mr. Rajdeep Sinna,
                                .....for the appellant.
              Mr. Rajdeep Bhattaharya,
                                .... For the respondent.

The instant appears for correction.

Learned advocate for both the parties are present.

It appears that in page 4 of the judgment dated

28.7.2023 the calculation of compensation was made.

The instant matter has arisen out of injury of the

claimant. The occupational disability was calculated by

this Court to be 45 %. The income of the claimant of this

case should be considered 45% of his neat income. Thus,

it appears that the calculation of compensation at page 4

is not correct. It needs be corrected. Thus, the

calculation appears in page 4 of the judgment dated

28.7.2023 be considered as deleted entirely and its place

the new calculation of compensation is recusted as

follows:

                    1.Monthly income                      Rs.5,000/-

                    2.Add 40% Future Prospect             Rs.2,000/-
                                          Total           Rs.7,000/-





      3. Annual Income (7,000X12)           Rs.84,000/-



      4. Multiplier 17 (84,000X17)          Rs.14,28,000/-

      5. Injure 45%                         Rs.6,42,600/-

      6. Pain & Suffers                     Rs.l0,000/-

7. Loss amenities in future of life Rs.20,000/-

8. Medical Allowance Rs.58,874/-

                        Total               Rs.7,31,474/-

      9. Less Award already received        Rs.4,56,074/-
                              Balance       Rs.2,75,400/-

The rest portion of the award be remain as it is.

The instant order shall be made part of the

judgment dated 28.7.2023.

All parties shall act on the server copy of this order

duly downloaded from the official website of this Court.

( Subhendu Samanta, J.)