National Insurance Co. Ltd vs Nur Nehar Bibi & Anr
2021 Latest Caselaw 4358 Cal

23.08.2021
  ss
                                F.M.A. 480 of 2021
                                       CAN 1 of 2020
                                     ( Via Video Conference )

                              National Insurance Co. Ltd.
                                          Vs.
                                 Nur Nehar Bibi & anr.


                   Mr. Sanjay Paul
                                           ...For the Appellant/ Insurance Co.


                   Mr. Saidur Rahaman
                                  .... For the respondents/claimants

Being aggrieved and/or dissatisfied with the award

and/or judgement dated 24th February, 2020 passed by

the learned Additional District & Sessions Judge, Motor

Accident Claims Tribunal, Fast Track 2nd Court, Malda in

M.A.C. Case No.305 of 2018, the appellant/Insurance

Company preferred the instant appeal on the ground that

the learned Tribunal erred in law by assessing the

monthly income of the victim as Rs.7,000/- without any

cogent evidence. Therefore, the learned Tribunal ought to

have assessed monthly income of the deceased as

Rs.3,000/- notionally. It is evident that the learned

Tribunal did not commit any error regarding application

of multiplier, deduction towards personal expenses,

additional amount towards future prospect and general

damages.

Mr. Rahaman, learned Advocate for the

respondent/claimant submits that the monthly income of

the deceased as assessed by the Learned Tribunal is

absolutely just and reasonable.

Heard the submissions of the parties, considered

the judgments of Smt. Sarala Verma & Ors. -Vs.- Delhi

Transport Corporation & Anr., reported in (2009) 6 SCC

121 and in National Insurance Company Limited -Vs.-

Pranay Sethi & Ors., reported in (2017) 16 SCC 680 and

also following the precedence of this Court on the point of

monthly income, I find substance in the arguments of the

appellant. For the year 2018, 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.

Considering the submissions, I am of the view, the

impugned award is required to be modified in the

following manner:

Monthly income                                Rs. 5,000/-
Yearly income(X12)                            Rs. 60,000/-
After Deduction 1/3                           Rs. 40,000/-
In addition 25% future prospect               Rs.10,000/-
(40,000/X25%)
Annual loss of dependency                     Rs.50,000/-
Age 44 Multiplier 14 (50,000 X14)        Rs. 7,00,000/-
General damages                              Rs.70,000/-
Total compensation                       Rs.7,70,000/-

Mr. Rahaman acknowledges that his client has

not received any compensation amount in terms of the

award dated 24.02.2020 passed by the Tribunal.

The Appellant submits that they have already

deposited the statutory amount of Rs.25,000/- before this

Hon'ble Court. Therefore, the appellant/Insurance

Company is directed to pay a sum of Rs.7,70,000/-

together with 6% interest from the date of filing of claim

application till payment to the claimant within 45 days of

receipt of particulars of her bank account to be supplied

by her counsel to the counsel 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. The appellant/insurance company shall also be at

liberty to withdraw the statutory amount of Rs.25,000/-

together with accrued interest thereon from the Learned

Registrar General, High Court, Calcutta after payment to

the claimant.

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.

Urgent Photostat certified copy of the order, if

applied for, be supplied to the parties upon compliance of

all formalities.

(Shekhar B. Saraf, J.)