Calcutta High Court (Appellete Side)
Smt. Purnamaya Rai & Anr vs The National Insurance Co. Ltd. & ... on 16 August, 2021
S/L 33
16.8.2021
Court No.26
SD
FMAT 1152 of 2016
With
CAN 1 of 2020
(Old CAN 2894 of 2020)
With
CAN 2 of 2021
(Application is not in the file)
(Via Video Conference)
Smt. Purnamaya Rai & Anr.
Vs.
The National Insurance Co. Ltd. & Anr.
Mr. Subir Banerjee
Mr. Sandip Bandyopadhyay
... for the Appellants/Claimants.
Mr. Saibalendu Bhowmick
... for the Respondent/Insurance Co.
CAN 2 of 2021:-
This is an application for condonation of delay in
filing the instant appeal.
On perusal of the pleadings, this Court is satisfied that
cause shown for delay in filing of the appeal is sufficient and
prayer for condonation of delay should be allowed.
Accordingly, the application for condonation of delay
being CAN 2 of 2021 stands allowed.
FMAT 1152 of 2016:-
The appeal is directed against the judgment and
award dated January 28, 2016 passed by the learned Judge,
Motor Accident Claims Tribunal, 1st Court, Additional
District Judge, Siliguri, Darjeeling in M.A.C. Case No.112 of
2008.
Various points have been raised by the
appellants/claimants in the instant appeal. The appellants
submit that though the Tribunal assessed the monthly
income of the appellant as Rs.5,680/- from his employer in
Government service but the Tribunal did not grant any
amount under 'future prospect'. Appellants/claimants also
submit that the Tribunal ought to have applied multiplier 18
instead of multiplier 15 as per the age of the deceased and
they were erroneously given only Rs.4,500/- instead of
Rs.30,000/- 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, counsel appearing on behalf of the
Insurance company argues that in the facts and
circumstances of the case, the award is just and reasonable
and there is no further scope of enhancement of the same.
Considering the judgments of Smt. Sarla Verma &
ors. vs. Delhi Transport Corporation & Anr. reported
in (2009) 6 SCC 121 and National Insurance
Company Limited vs. Pranay Sethi & Ors. reported in
(2017) 16 SCC 680. I find substance in the arguments of
the appellants. Appellants are justified in praying for50%
addition on account of 'future prospect' on the income of the
deceased and Rs.30,000/- under collective heads of general
damages. In view of the judgments cited above the correct
multiplier should be 18.
Accordingly, the impugned award is modified and
recalculated in the manner referred hereinabove:-
Particulars Amount (Rs.)
Monthly income 5,680.00
Annual income 68,160.00
Add: 50% future prospect (+)34,080.00
1,02,240.00
Less: 50% for personal expenses (-)51,120.00
51,120.00
Multiplier of 18 to be used (x) 18
9,20,160.00
Add: General damages (+) 30,000.00
9,50,160.00
Less: Awarded amount (-) 5,15,700.00
Differential amount 4,34,460.00
The claimants/appellants acknowledged receipt of the
awarded amount of Rs.5,15,700/- in terms of the direction of
the Tribunal. Accordingly, the balance enhanced sum of
Rs.4,34,460/- would become payable to the appellant no.1
being the mother of the deceased by the Insurance company
together with interest assessed at the rate of 4% per annum
on and from the date of filing of the claim petition till
payment within 45 days from the receipt of the particulars of
their bank accounts to be supplied by their counsel to the
counsel for the insurance company.
Advocate for the appellants will forwarded the bank
account details of the appellant no.1 within a fortnight from
date to the advocate for the Insurance Company. The
payment shall be made to the bank accounts of the
claimant/appellant no.1 directly.
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.)
