Smt. Durga Rani Pal & Anr vs The Regional Manager
2021 Latest Caselaw 4066 Cal

20   04.8.2021                     (Via Video Conference)
Sc
                                   F.M.A. 3862 of 2016

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

Smt. Durga Rani Pal & Anr.

Vs.

The Regional Manager, Cholamondalam M. S. G. Insurance Co. Ltd. & Anr.

Mr. Krishanu Banik ...For the Appellants/ Claimants.

Mr. Debanjan Mukherjee ...For the Respondent/ Insurance Co. Ltd.

The instant 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. 55/159 of 2015/2015, in a claim under

section 166 of the Motor Vehicles Act, 1988.

The appellants/claimants have challenged the

quantum of compensation. Mr. Banik, learned advocate

for the appellants/claimants submits that the tribunal

assessed the monthly income of the deceased is

Rs.3,000/-. He submits that for the year 2014, in a claim

under Section 166, monthly income of Rs.4000/- of the

deceased does not appear to be exorbitant. He also

submits that the appellants/claimants are entitled to

Rs.70,000/- instead of Rs.9,500/- under different heads

of 'general damages'.

Mr. Debanjan Mukherjee, learned advocate for the

respondent/Insurance Company has 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 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.4,000/-
      Annual Income                        Rs.48,000/
                       rd
      Deduction 1/3 on account of
      personal living expenses       Rs.16,000/-
      After deduction of Rs.16,000/-
      the figure comes to
      (Rs.48,000 - 16, 000/-)              Rs.32,000/-
      Multiplier '5' (Rs.32,000 X 5)       Rs.1,60,000/-
      Add 'General Damages'                Rs.70,000/-
      Total Compensation                   Rs.2,30,000/-
                                           -----------------

The appellants/claimants acknowledge receipt of

the awarded amount of Rs.1,29,500/- with interest @6%

per annum and therefore the differential amount comes to

Rs.1,00,500/-. Accordingly, Rs.1,00,500/- 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 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.)