The Oriental Insurance Company ... vs Parul Das & Ors
2021 Latest Caselaw 2798 Cal

  16.04.2021
Item No. 15
Ct. No. 04
PG

                             F.M.A.T. 1216 of 2019
                                      With
               IA no. CAN 2 of 2019 (Old CAN no. 11751 of 2019)
                      The Oriental Insurance Company Ltd.
                                       Vs.
                                Parul Das & Ors.

               Mr. Rajesh Singh
               Ms. Sucharita Pal....for applicant/
                                        appellant

               Mr. Laltu Mohan Ghosh....for respondent no.1/
                                        claimant

                        The insurance company is appellant. Mr.

               Singh, learned advocate appears on its behalf while

               Mr. Ghosh, learned advocate appears on behalf of

               respondent/claimant. We have ascertained from Mr.

               Ghosh, that respondent/claimant is entitled to Rs.

               3,90,655/- inclusive of principal and interest.

                        On consent of parties, the appeal itself is

               taken up for hearing at this stage. All formalities are

               dispensed with including requirement to serve notice

               of appeal.

                        We are of the opinion that the Tribunal below

               has erred in calculating the compensation amount on

               taking 30 days income of the claimant. It should be

               26 days. Accordingly, the compensation awarded by

               the Commissioner is recalculated as follows:

               Particulars                           Amount (Rs.)

               Monthly income of the victim/deceased Rs. 5,980/-
               be assessed as
                    2




50% of Rs. 5,980X factor 192.14            Rs. 5,74,498/-

Less received Rs. 3,84,280/-               Rs. 1,90,218/-

12% interest on Rs. 1,90,218/-       Rs. 1,99,729/-
from one month from the date of accident


Cost                                       Rs.      708/-

Total                                      ----------------

                                       Rs. 3,90,655/-

                                       ------------------

The insurance company had already

deposited Rs. 5,27,585/- before the Commissioner's

Court. In view of the above, claimant will be entitled

to approach the Commissioner and seek disbursal of

the sum of Rs. 3,90,655/- from said deposit. On

approach, the compensation shall be disbursed in

favour of the claimant, in accordance with law, as

early as possible. After making the payment to

claimant, entire balance amount along with interest

accrued thereon, should be refunded to appellant.

F.M.A.T. 1216 of 2019 and IA no. CAN 2 of

2019 (Old CAN no. 11751 of 2019) are disposed of.

There will be no order as to costs.

Urgent photostat certified copy of this

judgment and order, if applied, may be furnished to

the applicant at an early date.

(Arindam Sinha, J.)

(Kausik Chanda, J.)