Calcutta High Court (Appellete Side)
Smt. Shakti Mohanta & Ors vs Akb United India Insurance Co. ... on 6 July, 2021
Ct.
No. 06.7 F.M.A. 2064 of 2018
26 2021 ( Via Video Conference )
Smt. Shakti Mohanta & Ors.
10 Vs.
akb United India Insurance Co. Ltd. & Anr.
Mr. Saidur Rahaman ...For the Appellants/Claimants
Ms. Sucharita Paul ...For the Respondent/Insurance Co.
The instant appeal has been filed by the
appellants, being aggrieved by the judgment and award dated
June 30, 2017, passed by learned Judge, Motor Accident
Claims Tribunal, Fast Track Court - I, Raiganj, Uttar
Dinajpur, in M.A.C. Case No. 164 of 2015.
Learned Counsel appearing on behalf of the
appellants submits that the income of the 29 years old victim
should have been taken to be Rs. 3,300/- per month instead
of Rs. 3,000/-. Accordingly, a lesser quantum of
compensation has been erroneously awarded by the
Tribunal.
Ms. Sucharita Paul, learned Counsel appearing on
behalf of the Insurance Company submits that the Tribunal
had rightly held the income of the deceased to be Rs. 3,000/-
per month in absence of any documentary evidence. It is
further submitted that the amount under the collective heads
of general damages should have been Rs. 9,500/- as per
second schedule under section 163A of the M. V. Act, 1988,
instead of Rs. 10,000/- as awarded by the learned court
below.
For the year 2015, in a claim under section 163A
of the Motor Vehicles Act, 1988, an amount of Rs. 3,300/-
per month does not appear to be exorbitant as the claimants
can avail a maximum of Rs. 40,000/- per annum as per the
said Act. However, as to the non-pecuniary expenses, the
same shall be Rs. 9,500/-.
The impugned award is thus modified and
reassessed. Taking the monthly income of the victim to be
Rs. 3,300/- and after annualising such amount and deducting
1/3rd on account of personal expenses, it is the figure of Rs.
26,400/- on which the multiplier of 18 will have to be
applied. The net pecuniary compensation comes to
Rs.4,75,200/-. The appellants are also entitled to general
damages of Rs. 9,500/- on account of loss of estate, funeral
expenses and loss of consortium, taking the gross
compensation to Rs. 4,84,700/- 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 the receipt of a sum
of the entire awarded amount minus interest. The balance
sum of Rs. 42,700/- would become payable to the appellants
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. Insurance
Company is also directed to pay 6% interest on the principal
amount awarded by the learned Court below, if not already
disbursed, to be calculated on and from the date of lodging
of the claim till the date of payment. To this effect, Counsel
for the claimants shall furnish the particulars of the Bank
Accounts of the claimants to the learned Counsel for the
Insurance Company, within three weeks from date. The
payment shall be made in the same manner and proportion as
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.)
