Calcutta High Court (Appellete Side)
Ranuja Khatun & Ors vs The New India Assurance Company on 23 August, 2021
22 23.8.2021 (Via Video Conference)
Sc
F.M.A. 203 OF 2021
with
I.A. No. CAN 1 OF 2020
(Old No. CAN 1281 OF 2020)
with
I.A. No. CAN 2 OF 2020
(Old No. CAN 1282 OF 2020)
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Ranuja Khatun & Ors.
Vs.
The New India Assurance Company
Limited & Anr.
Mr. Subir Banerjee
...For the Appellants/
Claimants.
Ms. Sayanti Santra
...For the Respondent /
Insurance Co.
The appeal is directed against the judgment and
award dated 7th August, 2019 passed by the M.A.C.
Tribunal, Additional District Judge, 2nd Court, Raiganj,
Uttar Dinajpur in M.A.C. Case No. 90 of 2017 in a claim
under section 166 of the M.V. Act 1988 for the death of
Habibur Rahaman, aged about 40 years in a road
accident on 18.04.2017.
Various points have been raised by the
appellants/claimants in the instant appeal challenging
the quantum of compensation. It is submitted on behalf
of the appellants that the monthly income of Rs.3000/- of
the victim as considered by the tribunal, is inadequate.
It is also submitted by the appellants/claimants that they
were not granted any amount under 'future prospect'.
Accordingly, it was argued that a lesser quantum of
compensation has been wrongfully awarded by the
tribunal.
Per contra, learned advocate representing the
respondent/insurance company argues that the award is
just and reasonable and there is no further scope of
enhancement of the same.
Considering the decisions of the Hon'ble Supreme
Court in the case of Smt. Sarla Verma & Ors. Vs. Delhi
Transport Corporation & Anr., reported in (2009) 6
SCC 121, 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.5,000/- per month
does not appear to be exorbitant. 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
head of general damages in stead of Rs.1,00,000/- as
awarded by the tribunal.
Accordingly, the impugned award is modified and
recalculated in the manner referred hereinafter:
Particulars Amount (Rs.)
Monthly Income 5,000/-
Add future prospects 25% 1,250/-
6,250/-
Annual Income (x 12) 75,000/-
Less : deduction 1/3rd 25,000/-
50,000/-
Multiplier 14 ,7,00,000/-
General Damages 70,000/-
7,70,000/-
Less : Award of the tribunal and
Paid by the insurer 4,36,000/-
Balance enhanced amount
3,34,000/-
The appellants/claimants acknowledge receipt of
the awarded amount of Rs.4,36,000/- in terms of the
direction of the tribunal. Accordingly, the balance
enhanced sum of Rs.3,34,000/- would become payable to
the appellants/claimants by the insurance company
together with interest assessed @6% per annum on and
from the date of filing of the claim application till payment
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 respondent/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 above directions the 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.)
