Mampi Ghosh & Ors vs The National Insurance Company ...
2021 Latest Caselaw 97 Cal

08.01.2021.
Item no. 129.
Court No. 13
   ap
                            F.M.A. No. 625 of 2014

                                Mampi Ghosh & Ors.
                                    Versus
                The National Insurance Company Limited & Anr.

                Mrs. Sima Ghosh.
                                                  ..For the appellants.
                Mrs. Sucharita Paul.
                                                ...For the respondents.

The instant appeal is directed against the

judgment and order dated 27th March, 2008 passed by

the learned Judge, Motor Accident Claims Tribunal,

3rd Court, Suri, Birbhum in M.A.C. Case No. 166 of

2005.

The claim petition was filed under Section 163A

of the Motor Vehicles Act, 1988.

The facts of the case are not in dispute and

hence, not separately set out herein. The same are

contained in the impugned judgment.

The only point of argument raised by the

Counsel for the appellants is that the victim was 28

years old at the time of death and yet the annual

income of the victim was calculated only at

Rs.15,000/- in terms of the Schedule.

Since the victim was 28 years old, married and

had four children, this Court is of the view that the

income of the victim should have been taken at

Rs.3,000/- per month.

In those circumstances, the compensation

payable to the victim is recalculated as follows:

                 Particulars                     Amount (Rs.)
Yearly income (Rs.3,000/- x 12)                    36,000.00
Less: 1/3rd personal expenses                      12,000.00
                                                   24,000.00
Multiplier of 18 be used as per age                    (x) 18
of the deceased
                                                  4,32,000.00
Collective     heads     of        General          9,500.00
Damages
Total                                             4,41,500.00
Less: amount already withdrawn by                 1,82,000.00
the claimants
Total                                             2,59,500.00

The total amount payable to the appellants

should be a sum of Rs.4,41,500/-. The sum awarded

by the Court below being a sum of Rs.1,82,000/- has

been received by the appellants and the differential

amount comes to Rs.2,59,500/-. The appellants shall

be entitled to interest @ 7% per annum, on the sum of

Rs.1,82,000/- from the date of filing of the claim

petition till the date of deposit of the amount by the

Insurance Company with the Tribunal below.

On the balance sum of Rs.2,59,500/-, the

appellants shall be entitled to interest @ 7% per

annum from the date of filing of the claim petition till

the date of actual payment.

The payment as above shall be made by the

Insurance Company into the Bank Account of the

appellants in the proportion ordered by the Tribunal

within a period of 45 days from the date of receipt of

the Bank particulars of the appellants from the

Counsel for the appellants.

The Insurance Company shall, upon payment of

the balance amount, be entitled to recover the entire

sum paid to the appellants from the owner of the

vehicle for the reasons already recorded by the Court

below.

With the aforesaid observations, the instant

appeal shall stand disposed of.

The lower court records shall be sent back to the

Court below by the Registry forthwith.

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.

(Rajasekhar Mantha, J.)