Calcutta High Court (Appellete Side)
Mafiza Bewa vs The United India Insurance Co. ... on 1 December, 2021
17 01.12.
AGM 2021
RKB
Ct
FMAT 189 of 2013
07
Mafiza Bewa
Versus
The United India Insurance Co. Limited & Anr
(Via Video conference)
Ms. Sima Ghosh, ... For the Appellant.
Mr. S. N. Ganguly, , ... For the Respondents.
Learned advocates appearing for both the
parties are ad idem, on the issue that the instant
appeal may be disposed of giving a go by to the
technicalities involved in the process.
It is submitted by the learned advocate for the
appellant/claimant that the appellant has all
required documents, and learned advocate may
furnish the same in the interest of ensuring
expeditious disposal of this appeal, which is not
opposed by the learned advocate for the respondent/
insurance company.
When both the parties are consensus on such
issue and accordingly urging for expeditious disposal
of this appeal, the Court should not stand in the way.
Department to furnish relevant FMA particulars
upon registering the same after treating the same as
on days list.
The appeal is directed against the judgment and
order dated 30th July, 2012 passed by the learned
Judge, Motor Accident Claims Tribunal,/Additional
District Judge, 3rd Court at Murshidabad in M.A.C.
Case No. 207of 2003 on a claim under Section 163 of
the Motor Vehicle Act, 1988, for the sudden death of
one Baser Sk. ( 50 years old man), an employee of
hotel as a night-guard, having an earning of Rs.
2100/- per month, in a road accident, held on 28th
June, 2003.
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Ms. Sima Ghosh, learned advocate for the
appellant primarily urges grounds in support of this
appeal, which are two-folds. It is thus contended by
the appellant that Tribunal has erred in law, in
assessing the income of the deceased notionally
thereby fixing the income at Rs. 15,000/- per annum,
instead of considering the actual income of the
deceased earned at the relevant time of accident. The
income of the deceased, being an employee of hotel,
as night-guard, at Rs. 2100/- per month, which
according to appellant, could not be taken into
account, in deciding the quantum of compensation.
The second ground urged by the appellant is that no
interest was granted to the compensation awarded,
leading to inadequate quantification of the award,
which can hardly be regarded, just and proper.
Mr. S. N. Ganguly, learned advocate
representing the insurance company submits that
award has been properly assessed upon considering
pros and cons of the case, available under Section
163A of the M.V. Act, and there is no scope for
making any alteration with respect to the award
already granted by the Tribunal. Upon taking such
points, the insurance company has proposed for
dismissal of this appeal.
Upon perusal of the judgment, it appears that
Tribunal has assessed the income of the deceased
notionally at Rs. 15000/- per annum, ignoring the
oral evidence, adduced by the witnesses in this case,
which disclosed that at the time of the accident, the
deceased had an income of Rs. 2100/- per month,
being an employee of a hotel, as a night-guard.
Though there has been no documentary evidence
adduced in support of the income of the deceased,
but when it is a peace of social resolution, the oral
evidence adduced by the claimant cannot be given a
go by, and as such it would be sufficient to reveal the
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actual income of the deceased.
In that view of the matter, the income of the
deceased should have been assessed taking into
account the monthly income of the deceased earned
at Rs.2100/- per month. It is also evident from the
impugned judgment that no interest has been
granted on the awarded sum in terms of the settled
proposition of law, as already decided by the Apex
Court, and as such the above award needs
modification.
Having considered the submission of both sides,
and the settled proposition of law, the award granted
in this case requires calculation doing necessary
modification for the purpose, which is recalculated in
the manner referred hereinafter.
Particulars Amount (Rs)
. Monthly Income 2100/-
Annual Income 25,200/-
After 1/3 deduction for personal 16,800/-
Expenses
Multiplier (13) 2,18,400/-
Collective General Damages 9,500/-
---------------
Total 2,27,900/-
The appellant acknowledges receipt of a sum of
Rs. 1,67,160/- only without the interest component,
which was deposited by the insurance company
before the concerned Tribunal.
Accordingly the balance enhanced sum of Rs.
60,740 (Rs.2,27,900/- - Rs.1,67,160/-) would
become payable to the appellant by the insurance
company together with interest at the rate of 6%
interest per annum on an from the date of filing of
the claim application till realisation, and the said
enhanced sum accordingly is directed to be paid by
the insurance company/respondent within a period
of 45 days from the date of receipt of bank particulars
of the appellant. The payment should be made
directly to the bank account of the
appellant/claimant through NEFT/RTGS.
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.
There shall be no further 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.
(Subhasis Dasgupta, J)
