Calcutta High Court (Appellete Side)
Jogmaya Ghosh & Anr vs United India Insurance Co. Ltd on 2 July, 2021
16 02.07.2021 (Via Video Conference)
Sc
F.M.A.T 423 of 2019
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Jogmaya Ghosh & Anr.
Vs.
United India Insurance Co. Ltd.
Krishnagar Branch Office & Anr.
Mr. Muktakesh Das
...For the Appellants/
Claimants
Mr. Rajesh Singh
...For the Respondent/
Insurance Co.
The appeal is directed against the judgment and
order dated December 11, 2017 passed by MAC Tribunal,
Additional District Judge, 5th Court, Nadia, in M.A.C Case
No. 683 of 2008, on a claim under section 166 of the
Motor Vehicles Act, 1988 for the death of one 'Rabi
Ghosh' in a road accident dated February 27, 2008.
Various points have been raised by the claimants in
the instant appeal challenging the quantum of
compensation. It is submitted on behalf of the appellants
that Ld. Judge erred in not granting 'future prospect' and
it also went wrong in adopting the multiplier of '15' for the
34 years old deceased, as the correct multiplier should be
of '16' purchase factor. It was pleaded that instead of
Rs.70,000/- the claimants were awarded only
Rs.15,000/- under 'general damages'. Lastly, claimants
urged that Ld. Tribunal erred in not granting the interest
from the date of filing of claim application. Accordingly, it
was argued that a lesser quantum of compensation has
been wrongfully awarded by the Tribunal.
The Insurance Company is represented.
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, I
find substance in the arguments of the appellants.
Appellants are justified in praying for 40% addition on
account of 'future prospect' on the income of the deceased
and they should also get Rs.70,000/- under collective
heads of general damages. The appropriate multiplier of
'16' is to be applied for assessment of compensation
amount. Accordingly, the impugned award is modified
and recalculated in the manner referred hereinafter.
The income of the victim being Rs.3,000/- per
month, upon annualizing, comes to Rs.36,000/-. The
addition of 40% 'future prospect' brings it to Rs.50,400/-.
For 'personal expenses', 1/3rd is deducted and then it is
the amount of Rs.33,600/- on which the multiplier of 16
is applied to reach the net pecuniary compensation of
Rs.5,37,600/-. Claimants are also entitled to Rs.
70,000/- on account of collective heads of general
damages, taking the gross compensation to Rs.6,07,600/-
together with interest thereon at the rate of 6% per
annum from the date of lodging the claim till the date of
receipt of the amount.
The claimants acknowledge receipt of the awarded
amount of Rs.3,75,000/-. Accordingly, the balance
enhanced sum of Rs.2,32,600/- would become payable to
the appellants by the insurance company. On the total
compensation amount, claimants would also be entitled
to interest assessed at the rate of 6 per cent per annum
on and from the date of filing of the claim petition till the
date of respective payments. The enhanced compensation
together with interest as stated above, is to be paid by the
insurer 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. The payment shall
be made in the proportion decided by the Court below.
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 department
concerned is directed to tag the applications, if any, with
the main appeal
The department is directed to send down the LCR.
Photostat certified copy of this order, if applied for,
be furnished upon compliance of all formalities.
,,
(Shekhar B. Saraf, J.)
