Calcutta High Court (Appellete Side)
Tapasi Hazra & Anr vs Cholamandalam M. S. Gen. ... on 4 August, 2021
19 04.8.2021 (Via Video Conference)
Sc
F.M.A. 3841 of 2016
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Tapasi Hazra & Anr.
Vs.
Cholamandalam M. S. Gen. Insurance
Co. Ltd. (Calcutta Branch) & Anr.
Mr. Krishanu Banik
...For the Appellants/
Claimants.
Mr. Debanjan Mukherjee
...For the Respondent/
Insurance Co. Ltd.
The appeal is directed against the judgment and
award dated March 19, 2016 passed by the learned
Judge, Motor Accident Claims Tribunal, Bankura in
M.A.C. Case No. 78/45 of 2015/2015, in a claim under
section 166 of the Motor Vehicles Act, 1988.
Various points have been raised by the
appellants/claimants in the instant appeal.
Mr. Banik, learned advocate for the
appellants/claimants submits that the tribunal has
erroneously assessed the annual income of the deceased
as Rs.15,000/- instead of Rs.36,000/- (Rs.3,000/- X 12).
He further submits that the tribunal had not assessed
any compensation under the head of 'future prospect' and
erroneously assessed Rs.9,500/- under different heads of
'general damages' instead of Rs.30,000/-.
Mr. Debanjan Mukherjee, learned advocate for the
respondent/Insurance Company has vehemently opposed
the submission of the advocate for the
appellants/claimants. He submits that the tribunal has
rightly passed the impugned award since the same is
quite justified and reasonable.
I have heard advocates for the parties and I find
substance in the arguments of the appellants/claimants.
Considering the judgements of Smt. Sarla Verma
& Ors. Vs. Delhi Transport Corporation & Anr.,
reported in (2009) 6 SCC 121 and National Insurance
Company Ltd. Vs. Pranay Sethi & Ors., the impugned
award is modified and recalculated in the manner
referred hereinafter.
Particulars Amount (Rs.)
Monthly Income Rs.3,000/-
Annual Income Rs.36,000/
Add 40% future prospect
(Rs.14,400/-) Rs.50,400/-
Annual loss of income
(Rs.36,000+14,400)
Deduction 1/2nd on account of
personal living expenses Rs.25,200/-
After deduction of Rs.25,200/-
the figure comes to
(Rs.50,400 - 25, 200/-) Rs.25,200/-
Multiplier '16' (Rs.25,200x16) Rs.4,03,200/-
Add 'General Damages' Rs.30,000/-
Total Compensation Rs.4,33,200/-
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The appellants/claimants acknowledge receipt of
the awarded amount of Rs.2,84,500/- with interest @6%
per annum and therefore the differential amount comes to
Rs.1,48,700/-. Accordingly, Rs.1,48,700/- would become
payable to the appellants/claimants by the
respondent/Insurance Company with interest assessed
@6% per annum on and from the date of filing of the
claim application till the date of payment in the same
manner and proportion as is indicated in the award
within 45 days from the date of receipt of particulars of
the bank accounts' details of the appellants/claimants to
be supplied by the advocate for the respondent/Insurance
Company within two weeks from date.
It is made clear that the payments shall be made by
NEFT/RTGS in the proportion as is indicated in the
award.
With the aforesaid directions the instant appeal is
disposed of.
In view of the disposal of this appeal, connected
applications, if any, are also disposed of. The department
concerned is directed to tag the applications, if any, with
the main appeal.
There will be no order as to costs.
Urgent photostat certified copy of this order, if
applied for, be given to the parties, upon compliance of all
formalities, on priority basis.
(Shekhar B. Saraf, J.)
