Calcutta High Court (Appellete Side)
Kalpana Jana & Ors vs Bajal Allianz General Insurance ... on 6 July, 2021
06.07.2021
ss
F.M.A.T. 246 of 2020
I.A. CAN 1 of 2021
( Via Video Conference )
Kalpana Jana & ors.
Vs.
Bajal Allianz General 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
Since the original application is not found in the
file, the scanned copy of the application for condonation
of delay is taken on record and the same be treated as
original.
On perusal of the pleadings, this Court is satisfied
that 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 stands allowed.
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 F.M.A. number
immediately.
FMAT 246 of 2020
The appeal is directed against the judgment and
award dated January 25, 2019 passed by the Learned
Judge, Motor Accident Claims Tribunal, Fast Track, 1st
Court, Tamluk, Purba Medinipur, in M.A.C Case No. 364
of 2013, on a claim under Section 166 of the Motor
Vehicles Act, 1988.
The claimants submit that the tribunal erred in not
awarding future prospect on the income of the deceased
and adequate amount under the collective heads of
general damages. In view of the law as it stands now,
after the judgments 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, the claimants are entitled to 10% as future
prospects and a total sum of Rs.30,000/- under non
pecuniary expenses.
The Insurance Company is represented.
This Court is inclined to accept the submissions
made on behalf of the appellants. Accordingly, the
impugned award is modified and recalculated and the
claimants are found entitled to a total amount of
Rs.5,27,600/- together with interest thereon at the rate of
6% per annum from the date of lodging the claim till the
receipt of payment as indicated more fully hereafter.
The monthly income of the victim is taken to be
Rs.48,000/- per annum. Upon adding 10% as future
prospect and deducting 1/3rd as personal expenses, it is
the figure of Rs.35,200/- on which a multiplier of 13
would be applied. Thus, the net pecuniary compensation
comes to Rs.4,57,600/-. The claimants are also entitled to
Rs.70,000/- on account of loss of estate and funeral
expenses, taking the gross compensation to
Rs.5,27,600/- 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 along with interest. The balance sum of
Rs.66,600/- 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.
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.)
