Calcutta High Court (Appellete Side)
Sri Amal Kumar Dey vs The United India Insurance Co. ... on 7 July, 2021
07.07.2021
ss
F.M.A.T. 1198 of 2018
I.A. CAN 1 of 2018 (old No. CAN 9302 of 2018)
( Via Video Conference )
Master Sandip Kumar Dey
represented by his natural guardian grandfather
Sri Amal Kumar Dey
Vs.
The United India Insurance Co. Ltd. & ors.
Mr. Krishanu Banik ...For the Appellant/claimant
Mr. Rajesh Singh ... For the respondent No.2/
The New India Assurance Co. Ltd.
Ms. Sucharita Paul ... For the respondent no.1/
The United India Insurance Co. Ltd.
I.A. CAN 1 of 2018 (old No.CAN 9302 of 2018)
Since the original application is not found in the
file, the photostat 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 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, 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 1198 of 2018
The appeal is directed against the judgment and
award dated June 25, 2018 passed by the Learned Judge,
Motor Accident Claims Tribunal, Additional District and
Session Judge, 2nd Court, Raiganj, Uttar Dinajpur in
M.A.C. Case No. 117 of 2017, on a claim under Section
166 of the Motor Vehicle Act, 1988.
The claimant submits that the learned tribunal
erred in not awarding any future prospect on the notional
income of the victim. 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 claimant is entitled to 40% as future prospects.
Both the Insurance Companies are represented.
This Court is inclined to accept the submissions
made on behalf of the appellant. The impugned award is
thus modified. The claimant in the claim application had
stated that the notional income of the deceased was
Rs.3,000/- per month. Accordingly, on such basis, upon
adding 40% as future prospect and deducting 1/3rd as
personal expenses, it is the figure of Rs.33,600/- on
which a multiplier of 16 would be applied. The net
pecuniary compensation comes to Rs.5,37,600/-. The
claimant is also entitled to Rs.30,000/- on account of loss
of estate and funeral expenses, taking the gross
compensation to Rs.5,67,600/- 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 claimant acknowledges receipt of the entire
awarded amount of Rs.4,14,000/- along with interest.
The balance sum of Rs.1,53,600/- would become payable
to the appellant, 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
appellant. Learned Advocate for the Appellant will forward
the bank account details of the appellant within a
fortnight from date to the learned Advocate for the
Insurance Company. The payment shall be made in equal
share, by both the Insurance Companies (The New India
Assurance Company Limited & United India Insurance
Company Limited) to the claimant.
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.)
