Calcutta High Court (Appellete Side)
Chamera Mola & Ors vs National Insurance Co. Ltd. & Anr on 2 July, 2021
02.07.2021
ss
F.M.A.T. 81 of 2021
I.A. No. CAN 1 of 2021
( Via Video Conference )
Chamera Mola & ors.
Vs.
National Insurance Co. Ltd. & anr.
Mr. Subhankar Mandal
...For the Appellants/claimants
Mr. Rajesh Singh
... For the respondent No.1/Insurance Co.
Re : CAN 1 of 2021
On the prayer of the learned counsel appearing on
behalf of the appellants, the delay in filing the appeal is
condoned. The application for condonation of delay is
disposed of.
By consent of the parties, the instant appeal is
treated as on day's list and is taken up for hearing.
The department is directed to issue FMA number
immediately.
The appeal is directed against the judgment and
order dated August 1, 2019 passed by Additional District
Judge -cum- Motor Accident Claims Tribunal, 1st Court,
Burdwan, District - Purba Bardhaman in M.A.C Case No.
43 of 2014, on a claim under section 166 of the Motor
Vehicles Act, 1988 for the death of one 'Samser @
Samshejoha Molla' in a road accident dated April 5, 2014.
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 the monthly income of Rs.3,000/- of the victim,
considered for by the learened Judge was inadequate.
Further, the claimants were not granted any amount
under 'future prospect'. Lastly, claimants pleaded that in
view of 5 numbers of dependents, the deduction for
personal expenses should have been 1/4th of victim's
income and not 1/3rd as deducted by the tribunal.
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 and also following the precedence of
this Court on the point of monthly income, I find
substance in the arguments of the appellants. For the
year 2014, in a claim under section 166 of the Motor
Vehicles Act, 1988, an amount of Rs.4,000/- per month
does not appear to be exorbitant. Appellants are justified
in praying for 25% addition on account of 'future
prospect' on the income of the deceased. As there were
more than 3 dependents, the deduction for personal
expenses should be 1/4th of deceased's income.
Accordingly, the impugned award is modified and
recalculated in the manner referred hereinafter.
The income of the victim being Rs.4,000/- per
month, upon annualizing, comes to Rs.48,000/-. The
addition of 25% 'future prospect' brings it to Rs.60,000/-.
For 'personal expenses', 1/4th is deducted and then it is
the amount of Rs.45,000/- on which the multiplier of 13
is applied to reach the net pecuniary compensation of
Rs.5,85,000/-. Claimants are also entitled to Rs.70,000/-
on account of collective heads of general damages, taking
the gross compensation to Rs.6,55,000/- 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.3,82,000/- along with interest.
Accordingly, the balance enhanced sum of Rs.2,73,000/-
would become payable to the appellants by the insurance
company, together with interest assessed at the rate of 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.
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 concerned
Department is directed to tag the applications, if any,
with the main appeal.
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.
(Shekhar B. Saraf, J.)
