Calcutta High Court (Appellete Side)
Ramen Biswas vs Shriram General Insurance Co. ... on 2 July, 2021
02.07.2021
ss
F.M.A.T. 344 of 2021
( Via Video Conference )
Ramen Biswas
Vs.
Shriram General Insurance Co. Ltd. & anr.
Mr. Muktakesh Das
...For the Appellant/claimant
Mr. Rajesh Singh
... For the respondent No.1/Insurance Co.
It appears to this Court that there is error in the
memo of appeal filed by the appellant/claimant. Leave is
granted to the learned Counsel for the appellant/claimant
to correct the date of impugned order and judgement
passed by the learned Court below in the memo of appeal.
The appeal is directed against the judgment and
order dated March 24, 2021 passed by learned Judge,
Motor Accident Claims Tribunal cum Additional District
Judge, Fast Track Court - IV, Krishnanagar, Nadia in
M.A.C Case No. 184 of 2015, on a claim under section
166 of the Motor Vehicles Act, 1988 for the 75%
permanent disability suffered by one 'Ramen Biswas' in a
road accident dated July 15, 2014.
Various points have been raised by the claimant in
the instant appeal challenging the quantum of
compensation. It is submitted on behalf of the appellant
that his monthly income of Rs.3,000/-, considered by the
learned Judge was inadequate. It was also pleaded that
the total grant of non-pecuniary compensation of
Rs.60,000/- was insufficient in view of seriousness of
injury. Lastly, claimant urged that learned 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 and also following the precedence of
this Court on the point of monthly income, I find
substance in the arguments of the appellant. 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. Appellant being a Rickshaw
puller, is justified in praying for enhancement of non-
pecuniary compensation for his incapacity to earn for the
rest of his life and therefore the such compensation is
enhanced from Rs.60,000/- to Rs.1,00,000/-.
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 40% 'future prospect' brings it to Rs.67,200/-.
Corresponding to the permanent disability, for his 75%
loss of earning capacity, it is the amount of Rs.50,400/-
on which the multiplier of 17 is applied to reach the net
pecuniary compensation of Rs.8,56,800/-. On the said
amount, claimant is also entitled to Rs.1,00,000/- on
account of non-pecuniary compensation, taking the gross
amount to Rs.9,56,800/-. I am not inclined to interfere
with a sum of Rs.6,500/- granted by the court below
under medical expenses and other heads. Therefore, the
claimant is entitled to a total compensation of
Rs.9,63,300/- 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 insurer does not dispute its liability of
payment of compensation amount of Rs.7,09,100/- with
interest, awarded from the date of appearance of the
parties. It is however, well settled that the interest should
be paid from the date of filing of claim application.
Accordingly, the balance enhanced sum of Rs.2,54,300/-
would become payable to the appellant by the insurance
company. On the total compensation amount, claimant
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 appellant. Advocate for the appellant
will forward the bank account details of the appellant
within a fortnight from date to Advocate for the insurance
company.
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.)
