Rupali Sarkar & Ors vs The National Insurance Co. Ltd. & ...
2021 Latest Caselaw 3585 Cal

06.07.2021
  ss
                                 F.M.A.484 of 2021
                                    ( Via Video Conference )

                                    Rupali Sarkar & ors.
                                            Vs.
                           The National Insurance Co. Ltd. & anr.


                   Mr. Subhankar Mandal
                                           ...For the Appellants/claimants

                   Mr. Deb Narayan Roy
                               ... For the respondent No.1/Insurance Co.

This instant appeal case filed by the claimants

against the award and/or Judgment dated August 19,

2020 passed by the Learned Motor Accident Claims

Tribunal cum Additional District Judge, 5th Court,

Paschim Medinipur in M.A.C. Case no 506 0f 2018,

(Rupali Sarkar & others vs National Insurance Co Ltd. &

others) on a claim under Section 166 of Motor Vehicle

Act.,1988 for the accidental death of Pintu Sarkar which

was occurred on 12-07-2018.

The facts of the case are not in dispute.

The claim was filed under Section 166 of the M. V.

Act, 1988. The Learned Advocate for the appellants/

claimants submits that the Learned Tribunal committed

error in law while not granting 40% additional amount

towards future prospect since the deceased was aged

about 34 years old self employed person at the time of

accident.

Be that as it may, considering the rival submissions

of the parties as well as judgment of Hon'ble Apex Court

above award passed by the Tribunal below is modified

and recalculated as follows:

Annual Income =                       Rs 60,000/

Add Future Prospect 40 %              Rs 24,000/

Total Income                           Rs. 84,000/

Less personal expenses (1/4rd)        Rs 21,000/

Annual loss of dependency             Rs 63,000/

Multiplier 15 (Rs 63000 x 15)         Rs 9,45,000/

Add General Damages                   Rs 70,000/

Total compensation =                  Rs 10,15,000/

The Appellants also submit that they have received

the awarded amount of Rs.7,45,000/- along with interest

amount. Therefore, the balance amount of Rs.2,70,000/-

shall be paid along with 6% interest from the date of

filing to the victim within 30 days of receipt of particulars

of their bank accounts to be supplied by his counsel to

the counsel for the Insurance Company.

It is made clear that the payments shall be made by

NEFT/RTGS in the proportion as ordered by the Court

below.

With the aforesaid directions, the instant appeal

bearing F.M.A. No. 484 of 2021 shall stand disposed of.

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.

(Shekhar B. Saraf, J.)