Calcutta High Court (Appellete Side)
Smt. Parbati Mandal & Anr vs The Oriental Insurance Co. Ltd. & ... on 7 July, 2021
Ct.
No. 07.7 F.M.A. 251 of 2010
26 2021 With
IA No. CAN 2/ 2017 (Old No. CAN 5560 of 2017)
4 With
akb C.A.N. 3/ 2021
( Via Video Conference )
Smt. Parbati Mandal & Anr.
Vs.
The Oriental Insurance Co. Ltd. & Anr.
Mr. Amit Ranjan Roy ...For the Appellants/Claimants
Ms. Gopa Das Mukherjee ...For the Respondent/Insurance Co.
The Instant appeal is directed against the judgment
and award dated February 29, 2008 passed by the learned
Judge, 2nd Court, Motor Accident Claims Tribunal, Tamluk
Medinipur, in M.A.C. Case No. 171 of 2007 / M.A.C. Case
No. 113 of 2007.
The claim case was filed by the
appellants/claimants under Section 163A of the Motor
Vehicles Act, 1988 on unfortunate death of their son at the
age of 20 years. The accident took place on May 17, 2007.
Mr. Amit Ranjan Roy, learned Counsel appearing
on behalf of appellants strenuously argued that the learned
Tribunal passed the impugned judgment and award beyond
the law. It appears from the impugned award that learned
Tribunal passed the judgment and award by considering the
notional income of Rs.15,000/- per annum.
According to Mr. Roy, as well as practice
following by this Court the income is to be taken Rs.3,000/-
per month and the learned Tribunal ought to have used
multiplier of 17 in respect of age of the victim, since
deceased.
Ms. Gopal Das Mukherjee, learned Counsel
appearing on behalf of the respondent/Insurance Company
vehemently opposed the submission of Mr. Roy.
Heard learned Counsel appearing on behalf of the
parties.
After considering the rival submissions made on
behalf of the parties, I am of the opinion, if the income will
consider Rs.3,000/- per month of the deceased, it cannot be
exorbitant. Accordingly, this Court recalculate the
compensation with the monthly income of Rs.3,000/- per
month by applying multiplier of 17 and the applicants are
also entitled to get Rs.4,500/- as general damages. The
recalculation is as follows :-
Monthly Income =Rs. 3,000/-
Yearly Income (3000 x 12) =Rs. 36,000/-
Less. 1/3rd deduction =Rs. 12,000/-
Toward personal expenses =Rs. 24,000/-
Using Multiplier of 17, =Rs. 4,08,000/-
(Rs. 24,000 x 17)
Add: General Damages =Rs. 4,500/-
The award would be =Rs. 4,12,500/-
The claimants acknowledge receipt a sum of the
entire awarded amount of Rs. 2,00,000/- without any
interest. Accordingly, the appellants/claimants are also
entitled to get interest at the rate of 6 per cent per annum
from the date of filing of the claim application till the date of
deposit before the Tribunal, and the balance sum of
Rs.2,12,500/- 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.
Learned Counsel for the appellants will forward
the bank account details of the appellants within a fortnight
from date to the learned Counsel for the Insurance Company.
The payment shall be made by the Insurance
Company 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 disposal of the appeal, all connected
applications, if any, are also disposed of. The concerned
Department is directed to trace out the applications and tag
the same with this appeal.
There shall be no order as to costs.
LCR, if any, may be returned back to the Court
below.
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.)
