Calcutta High Court (Appellete Side)
Faijun Bibi & Ors vs The Oriental Insurance Co. Ltd. & ... on 23 August, 2021
S/L 13
23.8.2021
Court No.26
SD
FMAT 263 of 2019
(Via Video Conference)
Faijun Bibi & Ors.
Vs.
The Oriental Insurance Co. Ltd. & Anr.
Mr. Saidur Rahaman
... for the Appellant/Claimants.
Ms. Sucharita Paul
... for the Respondents/Insurance Co.
The above appeal has been filed by the claimants
against the judgment and award dated December 21, 2018,
passed by the Judge, Motor Accident Claims Tribunal,
Additional District & Sessions Judge, 2nd Court, Raiganj,
Uttar Dinajpur, in M.A.C. Case No.131 of 2017, on a claim
under section 166 of the Motor Vehicles Act, 1988.
The appellants submit that the victim was earning Rs.
6,000/- per month as a mason. However, learned Tribunal
assessed the compensation on the basis of monthly income of
Rs. 3,000/-. It is further stated that the claimants are
entitled to 25% future prospects on the income of the 44
years old deceased and a total sum of Rs. 70,000/- on the
collective heads of general damages, in view of the law as it
stands now after the judgment delivered by the Hon'ble
Supreme Court in the case of National Insurance
Company Ltd. Vs. Pranay Sethi & Ors., reported in
(2017) 16 SCC 680.
Mrs. Paul, the learned Advocate appearing on behalf
of the insurance company argues that the learned Court
below was correct in accepting the income of the victim to be
Rs. 3,000/- per month in absence of proper evidence.
This Court is inclined to accept the submissions made
on behalf of the insurance company. However, it is now
accepted in this Court for some time that 2015 onwards, the
base income has to be taken at Rs.5,000/- per month.
Moreover, such amount does not appear to be exorbitant at
all for the year 2017, as an unskilled worker working on all
days could have earned Rs. 5000/- per month.
Accordingly, on such basis and 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 25% future prospect (+)1,250.00
6,250.00
x 12
75,000.00
Less: 1/4th personal expenses (-)18,750.00
56,250.00
Multiplier of 14 to be used (x) 14
7,87,500.00
Collective heads of General damages (+) 70,000.00
8,57,500.00
Less: Awarded amount (-) 4,08,000.00
Differential amount 4,49,500.00
The claimants acknowledge receipt of the entire
awarded amount of Rs. 4,08,000/- along with interest. The
balance amount of Rs. 4,49,500/- would become payable to
the claimants by the Insurance Company together with
interest assessed @ 6 per cent per annum, 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
claimants. Advocate for the claimants will forward the bank
account details of the claimants within a fortnight from date
to the 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.
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.)
