Calcutta High Court (Appellete Side)
Uttam Bhandari vs Akb National Insurance Co. Ltd. & ... on 4 August, 2021
Ct.
No. 04.8 F.M.A. 1393 of 2013
26 2021 ( Via Video Conference )
Uttam Bhandari
10 Vs.
akb National Insurance Co. Ltd. & Anr.
Ms. Sima Ghosh ...For the Appellant/Claimant
Mr. Afroze Alam ...For the Respondent/Insurance Co.
This appeal is directed against the judgment and
award dated March 18, 2013 passed by the learned Judge,
Motor Accident Claims Tribunal, 3rd Court, Suri, Birbhum,
in M.A.C. Case No. 82 of 2008.
Various points have been raised by the claimant
in the instant appeal challenging the quantum of
compensation.
It is submitted on behalf of the appellant that the
learned Tribunal committed error in law while assessing the
income of the victim as Rs. 3,000/- per month, instead of
Rs.5,000/- per month. Claimant alleges that the victim
suffered 80% disability, lost his job and had been
unemployed, yet learned Tribunal accepted such disability at
30% only. Claimant further prays for compensation for
future medical expenses and under non-pecuniary heads,
including pain and suffering, loss of amenities and
enjoyment of life. Lastly, the claimant asks for cost of
'artificial limb'. To buttress his argument, the appellant
relies upon the decision in the case of Govind Yadav Vs. New
India Insurance Co. Ltd., reported in 2012 (1) TAC 1 (SC).
In reply, Mr. Afroze Alam, learned Counsel for
the respondent/Insurance Company submits that the award
passed by the learned Tribunal is absolutely just and there is
no scope of interference and/or modification of award. Mr.
Alam further submits that since the claimant failed to
establish the income of the deceased, the learned Tribunal
rightly assessed the annual income of the deceased as
Rs.3,000/- notionally.
However, following the precedence of this Court
on point of monthly income, I find substance in the
arguments of the appellant. Victim was a 'Barbar' in 2008.
In a claim under Section 166 of the Motor Vehicles Act,
1988 an amount of Rs.4,000/- per month as future income
and the disability of the victim to be assessed at 60% instead
of 30% does not appear to be exorbitant. Accordingly, the
impugned award is modified and recalculated in manner
referred hereinafter:-
Monthly Income Rs. 4,000/-
Annual income to the 60% disablement Rs. 28,800/-
Multiplier of '16' - Rs. 4,60,800/-
Total Medical Expenses Rs. 1,00,000/-
Future Medical Expenses Rs. 30,000/-
Compensation due to pain and sufferings Rs. 1,00,000/-
Loss of amenities and enjoyment of life Rs. 1,00,000/-
Compensation for living cost and artificial limbs Rs. 1,00,000/-
TOTAL Compensation Rs. 8,90,800/-
The award shall carry interest at the rate of 6 per
cent per annum as per Motor Vehicles Act, 1988 on and
from the date of filing the claim petition till the actual
satisfaction of award money.
The claimants acknowledge receipt of the
awarded amount of Rs.3,18,800/- along with interest.
Accordingly, the balance enhanced sum of
Rs.5,72,000/- would become payable to the
appellant/claimant 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 appellant.
Learned Counsel for the appellant will forward the
bank account details of the appellant within a fortnight from
date to the learned Counsel for the Insurance Company.
With the aforesaid directions the instant appeal is
disposed of.
There shall be no further order as to costs.
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.
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.)
