Tukun Bibi & Ors vs Cholamondalam M. S. General
2021 Latest Caselaw 4073 Cal

21   04.8.2021                   (Via Video Conference)
Sc
                                 F.M.A. 3863 OF 2016
                                           with
                               I.A. No. CAN 1 OF 2016
                             (Old No. CAN 7270 OF 2016)

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

Tukun Bibi & Ors.

Vs.

Cholamondalam M. S. General Insurance Co. Ltd. & 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 February 25, 2016 passed by the learned

Judge, Motor Accident Claims Tribunal, Bankura in

M.A.C. Case No. 40/20 of 2015/2015.

The facts of the case are not in dispute.

Various points have been raised by the

appellants/claimants in the instant appeal.

Mr. Banik, learned advocate for the

appellants/claimants submits that erroneously the

tribunal has not assessed the annual income of the

deceased as Rs.60,000/- i.e., Rs.5000/- x 12 months. He

also submits that the tribunal committed an error in law

by not applying the multiplier '18' and also by not

assessing the general damages as Rs.70,000/- while

assessing the compensation.

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 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.5,000/-
      Annual Income                            Rs.60,000/
      Add 40% future prospect
      (Rs.24,000/-)                            Rs.84,000/-
      Deduction 1/3rd on account of
      Own personal living expenses             Rs.28,000/-

After deduction of Rs.28,000/-

the figure comes to (Rs.84,000 - 28, 000/-) Rs.56,000/- Multiplier '18' (Rs.56,000x18) Rs.10,08,000/- Add 'General Damages' Rs.70,000/- Total Compensation Rs.10,78,000/-

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The appellants/claimants acknowledge the receipt

of the awarded amount of Rs.4,33,500/- with interest

@6% per annum and therefore the differential amount

comes to Rs.6,44,500/-. Accordingly, Rs.6,44,500/-

would become payable to the appellants/claimants by the

respondent/Insurance Company with interest assessed

@5% 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.)