Calcutta High Court (Appellete Side)
Ajmira Bibi Mandal & Anr vs The National Insurance Co. Ltd. & ... on 2 July, 2021
S/L 17
02.7.2021
Court No.26
SD
FMAT 1162 of 2019
With
CAN 1 of 2019
(Old CAN 11093 of 2019)
(Via Video Conference)
Ajmira Bibi Mandal & Anr.
Vs.
The National Insurance Co. Ltd. & Ors.
Mr. Amit Ranjan Roy
... for the Appellants/ Claimants.
Mr. Afroze Alam
... for the Respondents/Insurance Co.
CAN 1 of 2019 (Old CAN 11093 of 2019):
This is an application for condonaion of delay in filling
the instant appeal.
On perusal of the pleading, this court is satisfied that
cause shown for delay in filling of the appeal is sufficient and
prayer for condonation of delay should be allowed.
Accordingly, the application for condonation of delay
being CAN 1 of 2019 (old CAN 11093 of 2019) stands allowed.
F.M.A.T. No. 1162 of 2019:
The appeal is directed against the judgment and
award dated June 12, 2019 passed by the learned Judge,
Motor Accident Claims Tribunal, 1st Court, Purba
Bardhaman, in M.A.C. Case No.15 of 2015 on claim under
Section 166 of the Motor Vehicles Act, 1988.
The appellants/Claimants submit that the 18 years old
victim was earning Rs. 9000/- per Month as a Mason and
bachelor at the time of death, however, the Tribunal
erroneously took the income to be 3000/- per month. The
appellants/Claimants fairly submit that the multiplier
adopted 18 is correct but deduction should be half instead of
one third where the deceased was bachelor, as considered
and the claimants are also entitled to 40% future prospects
on the income of the deceased in view of the law as it stands
now after the judgment delivered by the Hon'ble Supreme
Court in the case 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.
Mr. Afroze Alam, counsel appearing on behalf of the
insurance company argues that the Tribunal was correct in
accepting the income of the victim to be Rs.3000/- in
absence of any documentary evidence.
This Court is inclined to accept the submissions made
on behalf of the insurance company. However it is now
accepted in the court for some time that 2015 onwards, the
base income has to be taken at Rs.5000/- per month.
Moreover, such amount of Rs.5000/- per month does not
appear to be exorbitant at all for the year 2015, as an
unskilled worker working all days could have earned
Rs.5000/-. Accordingly, on such basis and considering the
submission as advanced by counsel for the parties, in my
opinion, income of the victim should taken as Rs.5000/- per
month.
The award therefore modified and reassessed. Upon
taking monthly income of the victim to be Rs.5000/- and
adding 40% on account of future prospects, the total notional
income comes to Rs.7000/- per month. After annualizing
such amount and deducting half (victim was bachelor at the
time of death) on account of personal expenses, it is the
figure of Rs.42000/- on which the multiplier 18 will however
to be applied. The net pecuniary compensation comes to
Rs.7,56,000/- after adding a further sum of Rs.30000/- on
account general damages, the gross compensation comes to
Rs.7,86,000/- together with interest thereon at rate of 6%
per annum from the date of lodgment of the claim till the
date of receipt of the amount.
The claimants acknowledge receipt of a sum of the
entire awarded amount of Rs.4,54,000/- along with interest.
The balance sum of Rs.3,32,000/- would become payable to
the appellants together with interest assessed at the rate 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.
Counsel for the appellants will forward the bank
account details of the appellants within a fortnight from date
to the counsel for the Insurance Company. The payment
shall be made by the Insurance Company in the same
proportion as decided by the Court below.
With the aforesaid directions, the instant appeal is
disposed of.
There shall be no order as to costs.
In view of the disposal of this appeal, connected
applications, if any, are also disposed of.
The Registry is directed to send down the lower court
records at once, if received by this time.
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.)
