Calcutta High Court (Appellete Side)
Malati Kundu & Anr vs The National Insurance Company on 27 August, 2021
17 27.8.2021 (Via Video Conference)
Sc
F.M.A. 3351 OF 2015
with
I.A. No. CAN 1 OF 2016
(Old No. CAN 7033 OF 2016)
--------------
Malati Kundu & Anr.
Vs.
The National Insurance Company
Ltd. & Anr.
Mr. Jayanta Kumar Mandal
...For the Appellants/
Claimants.
Mr. Rajesh Singh
...For the Respondent /
Insurance Co.
The appeal is directed against the judgment and
award dated 19th day of June, 2015 passed by the learned
Additional District Judge cum Motor Accident Claims
Tribunal, Redesignated Court, Bankura in M.A.C. case
no. 15 of 2015/ 63 of 2014 in a claim under Section 166
of the Motor Vehicles Act, 1988 for the death of one 26
years old 'Arun Kundu' in a road accident dated June 5,
2014.
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/claimants that the assessment of the
monthly income of Rs.3,000/- of the deceased was on the
lesser side. The appellants/claimants plead that they
were not granted appropriate percentage of additional
sum under the 'future prospect'. The consideration of '13'
as multiplier was erroneous for the 26 year old deceased.
Lastly, the appellants/claimants submit that they were
not given the full component under 'general damages'.
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 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, and also following the precedence of
this Court on the point of monthly income, I find
substance in the arguments of the appellants/claimants.
For the year 2014, in a claim under Section 166 of the
Motor Vehicles Act, 1988, an amount of Rs. 4,000/- per
month does not appear to be exorbitant. The
appellants/claimants are justified in praying for 40%
addition on account of 'future prospect' on the income of
the deceased and they should also get Rs.30,000/- under
collective heads of general damages. Considering the age
of the deceased, the appropriate multiplier, in the instant
case, should be of '17' purchase factor.
Accordingly, the impugned award is modified and
recalculated in the manner referred hereinafter.
Particulars Amount (Rs.)
Monthly Income Rs.4,000/-
Annual Income Rs.48,000/
Less 50% for personal
expenses (Rs.24,000/-) Rs.24,000/-
Add 40% future prospect
(Rs.9,600/-) Rs.33,600/-
Multiplier '17' Rs.5,71,200/-
Add 'General Damages' Rs.30,000/-
TOTAL Principal Compensation Rs.6,01,200/-
LESS - awarded by Tribunal and
paid by insurer Rs.2,93,500/-
BALANCE (enhancement) Rs.3,07,700/-
The appellants/claimants acknowledge receipt of
the awarded amount of Rs.2,93,500/- along with interest,
in terms of the direction of the tribunal. Accordingly, the
balance enhanced sum of Rs.3,07,700/- 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 petition
within a period of 45 days from the date of receipt of the
bank account particulars of the appellants/claimants.
Advocate for the appellants/claimants will forward the
bank account details of the appellants/claimants within a
fortnight from date to the advocate for the Insurance
Company. The payment shall be made to the
appellants'/claimants' bank accounts directly, in the
proportion as decided 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.)
