Smt. Kalpana Debbarma vs Sri Krishnendu Dey And Anr
2024 Latest Caselaw 1388 Tri

Tripura High Court

Smt. Kalpana Debbarma vs Sri Krishnendu Dey And Anr on 16 August, 2024

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                    HIGH COURT OF TRIPURA
                          AGARTALA
                         MAC APP No.85 of 2024

Smt. Kalpana Debbarma
                                                        ----Appellant(s)
                                Versus

Sri Krishnendu Dey and Anr.
                                                      ----Respondent(s)

For Appellant(s) : Ms. P. Banik, Adv.

For Respondent(s) : None

HON'BLE MR. JUSTICE BISWAJIT PALIT

Order 16/08/2024 Learned counsel Ms. P. Banik is present for the appellant.

This appeal is preferred challenging the judgment and award

dated 26.06.2024 passed by Learned Member, Motor Accident

Claims Tribunal No.1, West Tripura, Agartala in connection with

Case No.T.S.(MAC) 173 of 2020 .

Heard Learned Counsel for the appellant.

Perused the judgment of the Learned Tribunal below. By the

said judgment and award Learned Tribunal below has awarded a

sum of Rs.15,96,000/- with interest @9% p.a. w.e.f. 03.12.2020

i.e. from the date of filing the claim petition till the date of actual

payment or realization.

Learned counsel for the appellant at this stage submitted

that the actual monthly income of the deceased was Rs.18,000/-

per month. But the Learned Tribunal below just assessed the

monthly income of the deceased @Rs.10,000/- per month for

which the claimant-petitioner has become prejudiced and

preferred this appeal.

Considered.

Let the appeal be admitted for hearing.

Call for the LCR.

Issue post admission notice upon the respondents.

The appellant may take steps for service of notice upon the

respondents by normal process and also by registered A/D post

within a week from today and file proof of service.

The Registry be asked to prepare the paper book and supply

the same to the Learned counsels as per procedure.

List this matter on 12.09.2024.

                                                                JUDGE




 MOUMITA                    Digitally signed by
                            MOUMITA DATTA

 DATTA                      Date: 2024.08.17
                            14:49:14 +05'30'
Moumita