Calcutta High Court (Appellete Side)
Sabina Khatun @ Sabina Bibi & Anr vs The National Insurance Co. Ltd. & ... on 6 July, 2021
06.07.2021
ss
F.M.A.T. 36 of 2020
( Via Video Conference )
Sabina Khatun @ Sabina Bibi & anr.
Vs.
The National Insurance Co. Ltd. & anr.
Mr. Saidur Rahaman ...For the Appellants/claimants
Ms. Sucharita Paul
... For the respondent No.1/Insurance Co.
The appeal is directed against the order and award
dated April 12, 2019, passed by the Learned Judge, Motor
Accident Claims Tribunal, 4th Court, Berhampore,
Murshidabad, in M.V. Case No. 471 of 2016, on a claim
under Section 166 of the Motor Vehicles Act, 1988.
The claimants submit that the victim was earning
Rs.6,000/- per month as an electrician and by selling
electrical goods. However, learned tribunal erroneously
assessed the compensation on the basis of monthly
income of Rs.3,000/-. It is further stated the claimants
are entitled to 25% future prospects on the income of the
deceased and a total sum of Rs.70,000/- on the collective
heads of general damages 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.
Mrs. 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 further submitted that the multiplier in the instant
case should be 14 instead of 15, 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.
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 the year
2015 onwards, the base income has to be taken at
Rs.5,000/- per month. Further, such amount of
Rs.5,000/- per month does not appear to be exorbitant at
all for the year 2016, as an unskilled worker working on
all days could have earned Rs.5,000/- 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.5,000/-.
The impugned award is thus modified and
recalculated. The monthly income of the victim is taken to
be Rs.5,000/- per month. Upon adding 25% as future
prospect, such amount comes to Rs.6,250/- per month.
After annualizing the same and deducting 1/3rd as
personal expenses, it is the figure of Rs.50,000/- on
which a multiplier of 14 would be applied. The net
pecuniary compensation comes to Rs.7,00,000/-. The
claimants are also entitled to Rs.70,000/- as non-
pecuniary expenses, taking the gross compensation to
Rs.7,70,000/- 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.3,94,500/- 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. To this
effect, learned Counsel for the claimants shall furnish the
particulars of the Bank Accounts of the claimants to the
learned Advocate for the Insurance Company, within 3
weeks 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.)
