Calcutta High Court (Appellete Side)
Siddhartha Adhikary vs Khokan Nandi & Anr on 4 August, 2021
S/L 16
04.8.2021
Court No.26
SD
FMAT 517 of 2016
(Via Video Conference)
Siddhartha Adhikary
Vs.
Khokan Nandi & Anr.
Mr. Muktakesh Das
... for the Appellant/Claimant.
Ms. Sucharita Paul
... for the Respondent/Insurance Co.
On oral prayer of the counsel appearing on behalf of
the appellant/claimant, the delay in filing the appeal is
condoned. No serious objection has been raised by Ms.
Sucharita Paul, counsel appearing on behalf of the Insurance
Company.
The instant appeal has been filed by the claimant
against the judgment and award dated November 11, 2014,
passed by the learned Judge, Motor Accident Claims
Tribunal, Additional District Judge, 5th Court, Nadia, in
M.A.C. Case No.252 of 2007, on a claim under section 166 of
the Motor Vehicles Act, 1988.
The appellant herein is a rickshaw puller who claims
to have lost most of his efficacy due to the 50% permanent
disability suffered by him as a result of the motor accident
dated 25.08.2006. The claimant submits that the learned
Court below had not granted an adequate amount of
compensation on account of his 50% permanent disability,
trauma, future medical expenses, loss of amenities, etc. due
to the accidental injuries.
The Insurance Company is represented and opposes
the case made out by the claimants.
For a considerable period of time from the case of R D
Hattangadi Vs. Pest Control (India) (Pvt) Ltd,
reported in (1995) 1 SCC 551 and Raj Kumar Vs. Ajay
Kumar & Anr., reported in (2011) 1 SCC 343, non-
pecuniary damages have been awarded on several grounds,
including loss of future earnings; future medical expenses;
trauma; loss of amenities, loss of expectation of life, etc.
The Hon'ble Supreme Court has time and again
observed that "just compensation" should include all
elements that place the victim in as near a position as she or
he was in, before the accident. Though no amount of money
can erase the trauma or the pain and suffering that a victim
undergoes after a serious accident, monetary compensation
is the manner known to law, which assures some measure of
restitution to those who survive and have to face their lives.
It must be accepted that the appellant herein has
suffered some permanent disability. Considering the
arguments advanced by both the parties and also the extent
of the permanent disablement that the appellant has
suffered, this Court is of the view that he is entitled to a
further consolidated principal amount of Rs.30,000/-
towards future medical expenses; loss of amenities and loss
of expectation of life.
Since the amount awarded by the tribunal has already
been received by the claimant, it is only the additional
amount of Rs. 30,000/- that the claimant is entitled to
together with interest thereon at the rate of 6% per annum
from the date of filing of the claim petition within a period of
45 days from the date of receipt of the bank account
particular of the claimant. Advocate for the claimant will
forward the bank account details of the claimant within a
fortnight from date to the Advocate for the insurance
company.
With the aforesaid directions, the instant appeal is
disposed of.
There shall be no order as to costs.
In view of the disposal of this appeal, connected
applications, if any, are also disposed of.
The Registry is directed to send down the lower court
records at once, if received by this time.
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.)
