Calcutta High Court (Appellete Side)
26 2021 Smt. Chanpa Ghosh & Ors vs 6 Ahamed Mondal & Anr on 27 August, 2021
Ct.
No. 27.8 F.M.A. 1107 of 2011
26 2021 Smt. Chanpa Ghosh & Ors.
Vs.
6 Ahamed Mondal & Anr.
akb ( Via Video Conference )
Mr. Jayanta Banerjee ...For the Appellants/Claimants
Mr. Parimal Kumar Pahari ...For the Respondent/Insurance Co.
This appeal is directed against the judgment and
award dated December 12, 2008 passed by the learned
Judge, Motor Accident Claims Tribunal, Special Judge cum
Additional District Judge at Durgapur, Burdwan, in M.A.C.
Case No. 62 of 2011 / 50 of 2009.
Various points have been raised by the claimants
in the instant appeal challenging the quantum of
compensation. It is submitted on behalf of the
appellants/claimants that they were not granted any amount
under 'future prospect' as per present position of law.
Claimants took the plea that the income of the victim was
Rs.10,000/- per month at the time of accidental death of the
victim, as during his lifetime he was earning the same as
business man of Grocery shop and the learned Tribunal
arbitrarily took the income to be Rs. 3,000/- per month
without considering the fact that the victim was a proprietor
of grocery shop. The learned Tribunal also wrongly
deducted 1/3rd instead of 1/4th towards personal expenses of
the victim as the number of claimants are four (4) and the
multiplier would be 9 instead of 8. Lastly, claimants
submits that they were given only Rs.9,500/- instead of
Rs.70,000/- under the full component of 'general damages'.
Accordingly, it was argued that a lesser quantum of
compensation has been wrongfully awarded by the Tribunal.
Per contra, the learned Advocate representing the
insurance company argues that in the facts and
circumstances of the case, the award is just and reasonable
and there is no further scope of enhancement of the same.
Considering the judgements 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, I find substance in the
arguments of the appellants. Appellants are justified in
praying for addition on account of 'future prospect' on the
income of the deceased. Since age of the victim was below
56 years as held by the tribunal below so future prospect will
be 10% as rightly pointed out by Mr. Mandal. The
deduction towards personal expenses of the victim will be
1/4th instead of 1/3rd since number of claimants/dependents
are four. Since it is now the practice of this court to take
Rs.3000/- as the base income even if there is no cogent
evidence as to the income, particularly from the year 2004
onwards up-to the year 2011 as it was possible for an
unskilled worker in 2006 to earn Rs.3000/- per month by
working all days of the month. So this court is also
assessing the notional income of the victim as Rs.3000/- per
month and Claimants were also entitled to Rs.70,000/- under
collective heads of general damages and the multiplier will
be 9.
Accordingly, the impugned award is modified
and recalculated in the manner referred hereinafter :-
Monthly Income Rs. 3,000/-
Annual Income Rs. 36,000/-
Add: Future Prospect 10% Rs. 3,600/-
Rs. 39,600/-
Less: 1/4th personal expenses Rs. 9,900/-
Multiplier '9' - (Rs. 29,700 X 9) Rs. 2,67,300/-
Add 'General Damages' Rs. 70,000/-
TOTAL Principal Compensation Rs. 3,37,300/-
LESS - awarded amount already paid Rs. 2,01,500-
Enhanced Principal Amount Rs. 1,35,800/-
The claimants acknowledge receipt of the
awarded amount of Rs.2,01,500/- in terms of the direction of
the Tribunal.
Accordingly, the balance enhanced sum of
Rs.1,35,800/- would become payable to the
appellants/claimants 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.
Learned Counsel for the appellants will forward
bank account details of the appellants within a fortnight from
date to the learned Counsel for the Insurance Company. The
payment shall be made to the claimants' bank accounts
directly, in the same manner and proportion as decided by
the Court below.
With the aforesaid directions the instant appeal is
disposed of.
There shall be no further order as to costs.
In view of 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.
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.)
