Calcutta High Court (Appellete Side)
Rubi Naskar & Ors vs Bajaj Allianz General Insurance ... on 4 August, 2021
04.08.2021
ss ( Via Video Conference )
F.M.A.T. 1393 of 2019
I.A. CAN 1 of 2021
Rubi Naskar & ors.
Vs.
Bajaj Allianz General Insurance Co. Ltd.
Mr. Ashique Mondal ... For the Appellants/claimants
Mr. Rajesh Singh ... For the respondent/Insurance Co.
The appeal is directed against the judgment and
order dated 16th January, 2019 passed by Learned Judge,
Motor Accident Claims Tribunal, Fast Track, 5th Court,
Alipore, South 24 Parganas in M.A.C. Case No. 69 of
2015. The facts of the case are not in dispute. The claim
was filed under Section 166 of the Motor Vehicles Act,
1988 in connection with a vehicular accident dated 11th
September, 2015.
In the instant appeal, claimants have challenged
the quantum of compensation on various grounds. It is
submitted on behalf of the appellants that the monthly
income of the victim, as considered by the learned Judge
was inadequate. Further, the claimants were not given
any amount under 'future prospect'. Lastly, claimants
pleaded that the full components of general damages were
not granted. Accordingly, it was argued that a lesser
quantum of compensation has been wrongfully awarded
by the Tribunal.
Per contra, the learned Advocate representing the
Insurance Company argues that the award is just and
reasonable and there is no further scope of enhancement
of the same.
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., reported in (2017) 16 SCC
680, I find substance in the arguments of the appellants
on the point of future prospects, which ought to have
been awarded. The monthly income of Rs.4,000/- of the
deceased as mentioned by the claimants in the claim
application and also reflected in oral evidence of PW1 and
PW2 has duly been accepted by the Court below.
Appellants are also entitled to Rs.70,000/- under
collective heads of general damages.
Accordingly, the impugned award is modified and
recalculated in the manner referred hereinafter.
Particulars Amount (Rs.)
Monthly Income 4,000/-
Annual Income 48,000/-
Add - 40% income for future prospects
(Rs.19,200/-) 67,200/-
Less - 1/3rd for personal expenses
(Rs.22,400/-) 44,800/-
Multiplier (16) 7,16,800/-
Collective General Damages 70,000/-
Total 7,86,800/-
The claimants acknowledge receipt of the awarded
amount of Rs.5,62,000/- along with interest. Accordingly,
the balance enhanced sum of Rs.2,24,800/- would
become payable to the appellants by the insurance
company, together with interest assessed at the rate of 6
per cent per annum on and from the date of filing of the
claim petition within a period of 45 days from the date of
receipt of the bank account particulars of the appellants.
Learned Advocate for the appellants will forward the bank
account details of the appellants within a fortnight from
date to learned advocate for the insurance company. The
payment shall be made in the proportion decided by the
Court below.
During the pendency of the appeal, the appellant
/respondent no. 2, being the mother of the deceased died.
To put it on record, an application being CAN No. 1 of
2021 has been filed by the learned Advocate for the
claimants. It is submitted that the only surviving heirs of
the deceased mother, are already on record and arrayed
as appellant nos. 1 and 3.
Accordingly, the name of appellant no. 2 be struck
off and be substituted by appellant nos. 1 and 3. The
share of compensation of appellant no. 2 should be
equally distributed among the appellant nos. 1 and 3.
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 concerned
Department 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.)
