Calcutta High Court (Appellete Side)
United India Insurance Company ... vs Partha Mondal & Ors on 16 December, 2021
57 16.12.
RKB 2021
Ct
07 F.M.A.T 567 of 2021
(Via Video Conference)
United India Insurance Company Limited
Versus
Partha Mondal & Ors.
Ms. Sucharita Paul, Adv.
... for the appellant.
Mr. Jayanta Kumar Mondal, Adv.
... for the respondents/claimants.
Learned advocate 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 that the appeal
may be disposed of on the basis of the materials
furnished by the parties to this case, which is not
opposed by the respondents/claimants.
When learned advocates for both the parties
are agreeable to the expeditious disposal of the
instant appeal, the Court should not stand in the
way.
Department to furnish relevant FMA number
after registering the case as FMA, and accordingly,
the same is taken as on day's list on the prayer of
both the parties.
The appeal of Insurance Company is directed
against the judgment an award dated, August 7,
2021 passed by the learned Additional District &
Sessions Judge, 2nd Court, Tamluk, Purba
Medinipur, in M.A.C. Case No. 10247 of 2017 on a
claim under section 166 of the Motor Vehicles Act,
1988, granting award to the tune of Rs.38,98,712/-
to dependents of the deceased, namely Nitu Mondal
@ Mandal, for a vehicular accident, occurred on 2 nd
day of May, 2017, by reason of involvement of vehicle
bearing No. WB-30R/4508 in consequence of rash
and negligent driving.
Mrs. Sucharita Paul, learned advocate
representing the appellant insurance company
primarily urges two grounds in support of the appeal.
Firstly it is submitted that the learned Tribunal has
erred in law in not deducting the professional tax of
Rs. 130/- per month from the salary of the 29 year
old deceased victim, who was a primary school
teacher. Secondly, the learned Tribunal had granted
an extra amount Rs. 1,00,000/- on account of
collective heads of general damages over the above
the entitled amount of Rs.70,000/-, leading to an
excess amount of compensation being granted
erroneously.
Mr. Jayanta Kumar Mondal, learned advocate
appearing on behalf of the respondent/claimants
agues that the award is just and proper and need not
be interfered with by this Court. It is further
submitted by Mr. Mondal that the claimants are
entitled to filial consortium in view of the judgement
passed by Hon'ble Supreme Court in the case of
Magma General Insurance Company Limited - vs-
Nanu Ram Alias Chuhru Ram & Ors,, reported in
(2018) 18 SCC 130.
This court has considered the submissions
made by both the parties. The Larger Bench decision
rendered by Apex Court in the case of National
Insurance Company Ltd. Vs. Pranay Sethi & Ors.
reported in (2017) 16 SCC 680, having fixed the loss
of consortium at Rs.40,000/- only, the same appears
to be most appropriate in the given context of this
case.
Accordingly, on such proposition of law as
decided by the Apex Court in the case of Pranay
Sethi (supra), the above award passed by the learned
Tribunal needs modification so as to make it just and
perfect, and with this modification there will be no
prejudice caused to either of the parties to this case.
The above order passed by the learned Tribunal
is thus modified to the extent mentioned
hereinabelow and recalculated as follows:
Particulars Amount(Rs)
Monthly income 18,278.00
Less professional tax 130.00
___________
18,148.00
Add 50% future prospect + 9074.00
___________
27,222.00
x 12
__________
3,26,664.00
Less: 1/3rd personal expenses (-)1,08,888.00
_____________
_
2,17,776.00
Multiplier of 17 to be used x 17
_____________
37,02,192.00
Collective heads of General Damages (+) 70,000.00
____________
Total 37,72,192.00
Total amount of Rs.37,72192/- would become
payable to the claimants together with interest
assessed @ 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 claimants. Learned advocate for
the claimants will forward the bank account details
of the said claimants within a fortnight from the date
to advocate for the appellant insurance company.
The payment shall be made in the proportion decided
by the Court below.
It is submitted by the Insurance Company that
they have deposited a sum of Rs.25,000/- (Rupees
twenty five thousand only) with the Registrar General
of this Court in aid of this appeal by necessary
challan.
Upon payment of the sum, indicated
hereinabove into the Bank Accounts of the
claimants/respondents, the Insurance Company
shall be entitled to claim refund of the aforesaid sum
of Rs. 25,000/- (rupees twenty five thousand only)
together with any accrued interest, if any, from the
Registrar General of this Court.
With the aforesaid direction the instant appeal
is disposed of.
In view of the disposal of this appeal, connected
applications are also disposed of.
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.
(Subhasis Dasgupta, J)
