Calcutta High Court (Appellete Side)
Ashalata Ghosh & Ors vs The Oriental Insurance Co. Ltd. & ... on 23 August, 2021
17 23.8.2021 (Via Video Conference)
Sc
F.M.A. 1669 OF 2019
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Ashalata Ghosh & Ors.
Vs.
The Oriental Insurance Co. Ltd. & Anr.
Mr. Ali Imam Shah
Mr. Sk. Abbasudin.
...For the Appellants/
Claimants.
Mr. Saswata Bhattacharyya
...For the Respondent /
Insurance Co.
The appeal is directed against the judgment and
award dated 14.02.2019 passed by the learned Judge,
M.A.C. Tribunal, 4th Court, Burdwan in M.A.C. Case No.
40/36/141 of 2017/2016/2016 in a claim under section
166 of the M.V. Act 1988 for the death of Sushanta
Ghosh in road accident occurred on 05.11.2014.
The claim was filed under Section 166 of the M.V.
Act, 1988.
Learned advocate for the appellants/claimants
submits that the tribunal committed error in law while
assessing the monthly income of the deceased.
Learned advocate for the respondent/insurance
company submits that the award passed by the tribunal
is absolutely just and there is no scope of any further
enhancement of the award.
Considering the judgments 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., and also following the practice of this Court on the
point of monthly income, I find substance in the
arguments of the appellants/claimants. Since the
accident occurred in the year 2017, in a claim under
section 166 of the Motor Vehicles Act, 1988, an amount of
Rs.4,000/- per month as income of the victim does not
appear to be exorbitant. The appellants/claimants are
justified in praying for 25% additional income on account
of 'future prospect' on the income of the deceased since
the deceased was 44 years old and the general damages
shall be taken to Rs.70,000/- instead of Rs.7,500/-.
Accordingly, the impugned award is modified and
recalculated in the manner referred hereinafter:
Particulars Amount (Rs.)
Monthly Income 4,000/
Annual Income (x 12) 48,000/
Add future prospects 25% 12,000/
Annual income 60,000/
Less 1/3rd deduction
towards personal expenses 20,000/
Multiplier 14 5,60,000/
General damages 70,000
Total compensation 6,30,000/
Mr. Shah acknowledges that the
appellants/claimants have already received the awarded
sum of Rs.5,20,000/ together with interest that has been
paid by the insurance company, the differential amount
comes to Rs.1,10,000/ together with interest @6% per
annum from the date of filing of claim application till
payment which shall be paid to the appellants/claimants
in the same manner as indicated in the award within 45
days of receipt of the particulars of their bank account
details to be supplied by their advocate to the advocate
for the insurance company.
It is made clear that the payments shall be made by
NEFT/ RTGS in the proportion as ordered by the Court
below.
Accordingly, with the aforesaid directions the
instant appeal is disposed of.
In view of the disposal of the appeal, connected
applications, if any, are also disposed of. The department
concerned is directed to tag the applications, if any, with
the main appeal.
The department is directed to send down the lower
court records, if arrived, immediately.
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.
(Shekhar B. Saraf, J.)
