Kuljit Kaur & Ors vs Maninder Singh & Ors on 11 September, 2019
Learned counsel for the appellants submits that the petition
though filed under Section 163-A of the Motor Vehicles Act, 1988, in fact
be treated as a petition under Section 166 of the Act and the compensation
be assessed accordingly. It is further submitted that a specific issue in this
regard has been framed by the learned Tribunal and it has been held by a
Division Bench of Calcutta High Court in Smt. Fulmani Hemram alias
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FAO No. 4131 of 2014 -3-
Hembram Vs. The Divisional Manager, New India Insurance Co. Ltd.
and another 2007(1) CalLJ 793, that once an issue has been framed
regarding negligence of the offending vehicle, principles of assessment and
determination of income under Section 166 of the Motor Vehicles Act,
1988, should be followed and compensation awarded accordingly. It is thus
prayed that this appeal be allowed.