Calcutta High Court (Appellete Side)
Jhumu Biswas vs United India Insurance Co. Ltd. & ... on 23 August, 2021
21 23.8.2021 (Via Video Conference)
Sc
F.M.A. 508 OF 2020
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Jhumu Biswas
Vs.
United India Insurance Co. Ltd. & Anr.
Mr. Subhankar Mandal
...For the Appellant/
Claimant.
Mr. Parimal Kumar Pahari
...For the Respondent /
Insurance Co.
This instant appeal has been preferred by the
appellant/claimant against the award/Judgment dated
06-12-2019 passed by, M.A.C. Tribunal, FTC 4th Court
Barasat in M.A.C. Case No. 02/17, in a claim under
Section 166 of Motor Vehicle Act, 1988 for the accidental
death of Saptarshi Biswason 01-09-2016 who left behind
his mother .
The respondent/insurance company is
represented.
The facts of the case are not in dispute.
The claim has been filed under Section 166 of
the M. V. Act, 1988. Learned advocate for the
appellant/claimant submits that the tribunal committed
error in law while granting compensation. Monthly
income of the victim has been considered as Rs. 3000/-
instead of Rs.15,000/ and also the multiplier 17 has been
chosen instead of 18 considering the age of victim 24
years at the time of death. Funeral expenses of Rs 5000/
under head of general damages has been allowed only
and no amount has been granted for loss of estate. He
also submits that the tribunal did not allowed interest
from the date of filing.
The respondent/insurance company is
represented. 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 submissions of the parties as well
as the judgment of the Hon'ble Apex Court in National
Insurance company Ltd. Vs Pranay Sethi & Ors., reported
in (2017) 16 SCC 680 and also considering the practice of
this High court I find substance in the arguments of the
appellant/claimant.
Accordingly, the impugned award is modified and
recalculated in the manner referred hereinafter:
Particulars Amount (Rs.)
Monthly Income 5,000/
Annual Income (x 12) 60,000/
Add future prospects 40% 24,000/
Total income 84,000/
Less personal expenses (50%) 42,000/
Annual income for family 42,000/
Loss of dependency (Rs.42,000x18) 7,56,000/
General damages 30,000
Total compensation 7,86,000/
The appellant/claimant is also entitled to get
interest @ 6 % per annum from the date of filing of the
claim application till payment.
The appellant/claimant also submits that she has
received the awarded amount of Rs.4,33,400/- only from
the respondent/insurance company. Therefore, balance
amount of Rs.3,52,600/- shall be paid by the
respondent/insurance company along with interest @6%
per annum to the appellant/claimant within 30 days of
receipt of the particulars of the bank account's details of
the appellant/claimant to be supplied by her advocate to
the advocate for the respondent/insurance company.
It is made clear that the payments shall be made by
NEFT/ RTGS.
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.)
