Bhola @ Bimal Deb vs United India Insurance Co. Ltd. & ...
2021 Latest Caselaw 4432 Cal

27.08.2021
  ss
                                    F.M.A. 266 of 2014
                             I.A. CAN 2 of 2017 (old No.680 of 2017)
                                      ( Via Video Conference )

                                      Bhola @ Bimal Deb
                                              Vs.
                             United India Insurance Co. Ltd. & anr.


                  Mr. Krishanu Banik
                                            ...For the Appellants/claimants
                  Mr. Parimal Kumar Pahari
                               ... For the respondent No.1/Insurance Co.

The appeal is directed against the judgment and

order dated 30th day of January, 2013 passed by the

Learned Judge, Motor Accident Claims Tribunal, 3rd

Court, Dakshin Dinajpur at Balurghat in M.A.C. case no.

262 of 2007.

The facts of the case are not in dispute.

The claim was filed under Section 163A of the

Motor Vehicles Act, 1988. Learned Advocate for the

appellants/claimants submits that the learned Tribunal

committed error in law while not assessing the annual

income of the deceased as Rs.36,000/-, that is,

Rs.3,000/- X 12 month.

In view of the law as it stands now, after the

judgements delivered by the Hon'ble Supreme Court in

the case of Laxmi Devi Vs. Md. Tabbar & anr., reported

in 2008 ACJ 1488 wherein it has been held that an

unskilled labourer can easily earn Rs.100/- per day. The

accident in the said reported case took place in the

year 2004 and the accident in the present case took

place in the year 2007. This Court is inclined to accept

the submissions made on behalf of the appellant on the

above points. The impugned award is thus modified as

stated hereinafter:

      Particulars                           Amount

   Monthly Salary                          Rs.3,000/-
   Annual Salary (Rs.3,000/- X 12        Rs.36,000/-
   Deduction 1`/3rd on account of
   Personal living expenses              Rs.24,000/-

Multiplier '15' (Rs.24,000 X 15) Rs.3,60,000/-

(as per age group of the deceased is within 40 to 45 years) Add 'General Damages' Rs.9,500/-

TOTAL Principal Compensation Rs.3,69,500/-

Mr. Banik acknowledges that his client has

already received the awarded amount of Rs.1,59,500/-

along with interest in terms of the direction of the

tribunal. Accordingly, the balance enhanced sum of

Rs.2,10,000/- would become payable to the appellant 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. Advocate for the Appellants will forward the

bank account details of the appellants within a fortnight

from date to Advocate for the insurance company.

It is made clear that the payments shall be made

by NEFT/RTGS as per award.

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.)