Calcutta High Court (Appellete Side)
Akb Kajal Pradhan & Ors vs The National Insurance Co. Ltd. & ... on 7 July, 2021
Ct.
No. 07.7 F.M.A. 3617 of 2016
26 2021 With
IA No. CAN 1/ 2017 (Old No. CAN 5562 of 2017)
6 ( Via Video Conference )
akb Kajal Pradhan & Ors.
Vs.
The National Insurance Co. Ltd. & Anr.
Mr. Amit Ranjan Roy ...For the Appellants/Claimants
Mr. Samim Ahammed ...For the Respondent/Insurance Co.
The claimants are in the Instant appeal,
complaining of the inadequate compensation granted in the
judgment and award passed by the learned Additional
District & Sessions Judge, 3rd Court, Tamluk, Purba
Medinipur, in M.A.C. Case No. 148 of 2014 / M.A.C. Case
No. 129 of 2014.
The claimants in the instant appeal have raised
mainly two points. It is submitted on behalf of the
appellants that the monthly income of Rs. 3,900/- of the
victim considered for by the learned Judge was inadequate.
Further, the claimants were not granted any amount under
'future prospect'. Accordingly, it was argued that a lesser
quantum of compensation has been erroneously awarded by
the Tribunal.
Considering the judgments delivered by the
Hon'ble Supreme Court in the cases of Smt. Sarala
Verma & Ors. Vs. Delhi Transport Corporation & Anr., reported in
(2009) 6 SCC 121 and National Insurance Company Ltd. Vs.
Pranay Sethi & Ors., reported in (2017) 16 SCC 680., and also
following the precedence of this Court on the point of
monthly income, I find substance in the arguments of the
appellants. For the year 2013, in a claim under Section 166
of the Motor Vehicles Act, 1988, an amount of Rs. 4,000/-
per month does not appear to be exorbitant.
Similarly, appellants are justified in praying for
40% addition on account of 'future prospect' on the income
of the deceased in respect of age 32 years. The appellants
however submit that the total component of General
Damages, in the instant case should be Rs. 70,000/- instead
of Rs. 55,000/- as granted by the Court below and the correct
multiplier would be 16 instead of 17 as used by the Tribunal.
The appellants further submit that the Tribunal awarded
Rs.18,180/- as medical bill.
The impugned award is thus modified and the
claimants are found entitled to a total sum of Rs.2,23,900/-
together with interest thereon at the rate of 6 per cent per
annum from the date of lodging of the claim till the receipt
of the payment as indicated more fully hereafter.
Taking the monthly income of the victim to be
Rs.4,000/-, the annual income comes to Rs.48,000/-. By
adding 40% future prospect and deducting one-third on
account of personal expenses, it is the figure of Rs.44,800/-
on which the multiplier of 16 will have to be applied. The
net pecuniary compensation comes to Rs.7,16,800/-. The
appellants are also entitled to general damages of
Rs.70,000/- on account of loss of consortium, loss of estate
and funeral expenses along with appellants are entitled to get
Rs.18,180/- as medical expenses, taking the gross
compensation to Rs.8,04,980/-, together with interest thereon
at the rate of 6 per cent per annum on and from the date of
lodging the claim till the date of receipt of the amount.
The claimants acknowledge receipt of a sum of the
entire awarded amount of Rs.5,81,080/- along with interest.
The balance sum of Rs.2,23,900/- 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.
It is needless to mention, the appellant No. 2 is
being minor, accordingly, appellant No. 1 will deposit the
minor's share in long term fixed deposit scheme to any
nationalized bank till attainment of majority, for her future.
With the aforesaid directions the instant appeal is
disposed of.
In view of disposal of the appeal, connected
application, if any, is also disposed of. The concerned
Department is directed to trace out the application 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.)
