Sulekha Fadikar (Mondal) & Ors vs The National Insurance Co. Ltd. & ...
2021 Latest Caselaw 3590 Cal

06.07.2021
  ss
                                F.M.A.T. 52 of 2020
                                    I.A. CAN 1 of 2021
                                  ( Via Video Conference )

                            Sulekha Fadikar (Mondal) & ors.
                                          Vs.
                         The National Insurance Co. Ltd. & anr.


                   Mr. Pingal Bhattacharya
                   Mrs. Poonam Keswani
                                             ...For the Appellants/claimants

                   Ms. Sucharita Paul
                               ... For the respondent No.1/Insurance Co.

CAN 1 of 2021

This is an application for condonation of delay in

filing the instant appeal.

After hearing the parties and on perusal of the

pleadings, this Court is satisfied with the cause shown for

delay in filing 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 2021 stands allowed.

By consent of the parties, instant appeal is treated

as on day's list and is taken up for hearing.

The department is directed to issue F.M.A. number

immediately

FMAT 52 of 2020

The appeal is directed against the judgment and

award dated January 4, 2018, passed by the Learned

Judge, Motor Accident Claims Tribunal, 2nd Court,

Tamluk, Purba Medinipur, in M.A.C Case No. 04 of

2017/134 of 2015, on a claim under Section 166 of the

Motor Vehicles Act, 1988.

The claimants submit that the victim was earning

Rs.9,000/- per month as a mason. However, learned

tribunal erroneously assessed the compensation on the

basis of monthly income of Rs.3,000/-. It is further stated

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 National Insurance Company Ltd.

Vs. Pranay Sethi & Ors., reported in (2017) 16 SCC

680. Considering 4 nos. of dependents, the deductions on

account of personal expenses of the victim should have

been 1/4th instead of 1/3rd, in view of the judgement

passed by Hon'ble Supreme Court in the case of Smt.

Sarla Verma & Ors. Vs. Delhi Transport Corporation

& Anr., reported in (2009) 6 SCC 121.

Ms. Paul, the learned Advocate appearing on

behalf of the Insurance Company argues that the learned

Tribunal was correct in accepting the income of the victim

to be Rs.3,000/- in absence of any documentary evidence.

It is also submitted that the multiplier in the instant case

should be 16 instead of 17, in view of the judgement of

Sarla Verma (supra). Insurance Company further states

that the amount under the collective heads of general

damages should have been restricted to Rs.70,000/- in

view of the judgement of Pranay Sethi (supra).

This Court is inclined to accept the submissions

made on behalf of the insurance company. However, it is

now accepted in this court for some time that between the

years 2011 to 2014, the base income has to be taken at

Rs.4,000/- per month. Further, such amount of

Rs.4,000/- per month does not appear to be exorbitant at

all for the year 2014, as an unskilled worker working on

all days could have earned Rs.4,000/- per month.

Accordingly, on such basis and considering the

submissions as advanced by the learned advocates for the

parties, in my opinion, the monthly income of the victim

should be taken as Rs.4,000/-.

The impugned award is thus modified and

recalculated. The monthly income of the victim is taken to

be Rs.4,000/- per month. Upon adding 40% as future

prospect, such amount comes to Rs.5,600/- per month.

After annualizing the same and deducting 1/4th as

personal expenses, it is the figure of Rs.50,400/- on which

a multiplier of 16 would be applied. The net pecuniary

compensation comes to Rs.8,06,400/-. The claimants are

also entitled to Rs.70,000/- as non-pecuniary expenses,

taking the gross compensation to Rs.8,76,400/- 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 entire

awarded amount minus interest. The balance sum of

Rs.3,13,400/- 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 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

Advocate for the insurance company, within a fortnight

from date. 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.)