Calcutta High Court (Appellete Side)
Smt. Paramita Bhowmik & Anr vs United India Insurance Co. Lrd. & ... on 4 August, 2021
04.08.2021
ss ( Via Video Conference )
F.M.A. 1653 of 2019
Smt. Paramita Bhowmik & anr.
Vs.
United India Insurance Co. Lrd. & anr.
Mr. Jayanta Banerjee ...For the Appellants/claimants
Mr. Rajesh Singh ... for the respondent/Insurance Co.
The appeal is directed against the judgment and
order dated 10th day of January, 2018, passed by the
Motor Accident Claims Tribunal cum District & Sessions
Judge, Jalpaiguri in M.A.C. Case No.157 of 2016 for the
death of 46 years old 'Abhra Sarathi Bhowmik' in a road
accident dated March 18, 2016.
In the instant appeal, claimants have challenged
the quantum of compensation on two points. It is
submitted on behalf of the appellants that the claimants
were not granted any amount under 'future prospect'.
Further, claimants plead that they were erroneously
given only Rs.2,000/- instead of Rs.70,000/- under the
full component of 'general damages'. Accordingly, it was
argued that a lesser quantum of compensation has been
wrongfully awarded by the Tribunal.
Per contra, 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. Claimants are justified in praying for
25% addition on account of 'future prospect' on the
income of the deceased and they should also get
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 Rs.6,000/-
Annual Income Rs.72,000/-
Less 1/3rd for personal expenses
(Rs.24,000/-) Rs.48,000/-
Add 25% future prospect
(Rs.12,000/-) Rs.60,000/-
Multiplier '13' Rs.7,80,000/-
Add 'General Damages' Rs.70,000/-
TOTAL Principal Compensation Rs.8,50,000/-
LESS - awarded by Tribunal and
paid by insurer Rs.6,26,000/-
BALANCE (enhancement) Rs.2,24,000/-
The claimants acknowledge receipt of the awarded
amount of Rs.6,26,000/- in terms of the direction of the
tribunal. Accordingly, the balance enhanced sum of
Rs.2,24,000/- 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. If it is found that claimants did not
receive any interest on the already awarded and paid
amount of Rs.6,26,000/-, insurer shall pay interest on
the said amount at the same rate of 6% as directed above,
from the date of filing of claim application till the date of
payment. Advocate for the Appellants will forward the
bank account details of the appellants within a fortnight
from date to Advocate for the insurance company. The
payment shall be made in the proportion decided by the
Court below.
Learned Advocate for the appellants will forward
the bank account details of the appellants within a
fortnight from date to the learned Advocate for the
Insurance Company. The payment shall be made in the
proportion decided by the Court below.
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.
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(Shekhar B. Saraf, J.)
