Calcutta High Court (Appellete Side)
Bala Soren & Ors vs The Oriental Insurance Co. Ltd. & ... on 23 August, 2021
23.08.2021
ss
F.M.A.T. 361 of 2021
( Via Video Conference )
Bala Soren & ors.
Vs.
The Oriental Insurance Co. Ltd. & anr.
Mr. Subhankar Mandal ...For the Appellants/claimants
Ms. Sucharita Paul
.... For the respondent No.1/Insurance Co.
The instant appeal has been filed by the claimants
against the judgment and order dated 25th January, 2021
passed by the learned Judge, Motor Accident Claims
Tribunal, 5th Court, Malda, in M.A.C. Case No. 270 of
2019 on a claim under Section 166 of the Motor Vehicles
Act, 1988.
The claimants submit that the 50 years old victim
was earning Rs.10,000/- per month as a mason.
However, the learned Tribunal erroneously took the
income to be Rs.3,000/- per month. The appellants also
submit that the multiplier in the instant case should have
been 13 instead of 11. Further, the claimants are entitled
to 10% future prospects on the income of the deceased
and a total amount of Rs.70,000/- under the collective
heads of general damages. The appellants rely on the
dictum of Hon'ble Supreme Court in the cases 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, in support of their
argument.
Mrs. Paul, learned Advocate appearing on behalf of
the Insurance Company argues that the learned Tribunal
was correct in accepting the income of the victim to be
Rs.3,000/- in absence of proper documentary evidence.
This Court is inclined to accept the submissions
made on behalf of the Insurance Company. However, it is
now accepted by this Court for sometime that 2015
onwards, the base income has to be taken as Rs.5,000/-
per month. Moreover, such amount of Rs.5,000/- per
month does not appear to be exorbitant at all for the year
2019, as an unskilled worker working on all days could
have earned Rs.5,000/- per month. Accordingly, the
monthly income of the victim should be taken as
Rs.5,000/-.
After considering the submissions as advanced by
the learned advocates for the parties, the impugned
award is modified and reassessed as follows:
Particulars Amount (Rs.)
Monthly income 5,000.00
Add 10% future prospect (+) 500.00
5,500.00
Annual income X12 66,000.00
Less: 1/3rd personal expenses (-) 22,000.00
44,000.00
Multiplier of 13 to be used X 13 5,72,000.00
Collective heads of General Damages (+) 70,000.00
6,42,000.00
Less: Awarded amount (-) 2,79,000.00
Differential amount 3,63,000.00
The claimants acknowledge receipt of the entire
awarded amount of Rs.2,79,000/- along with interest.
The balance sum of Rs.3,63,000/- would be paid 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. For such purpose,
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.
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.
(Shekhar B. Saraf, J.)
