Minor Shampa Shil & Ors vs The Sriram General Insurance Co. ...
2021 Latest Caselaw 3635 Cal

07.07.2021
  ss
                                  F.M.A.T. 4 of 2021
                                        I.A. CAN 1 of 2021
                                    ( Via Video Conference )

                                   Minor Shampa Shil & ors.
                                           Vs.
                        The Sriram General Insurance Co. Ltd. & anr.

                     Mr. Amit Ranjan Roy     ...For the Appellants/claimants

                     Mr. Rajesh Singh      ... For the respondent No.1/

Insurance Co. Ltd.

CAN 1 of 2021

On the prayer of the learned Counsel appearing on

behalf of the appellants and since learned Counsel for the

respondent/Insurance Company did not oppose, this

Court condones the delay in filing the instant appeal. The

application for condonation of delay is disposed of.

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.

F.M.A.T. 4 of 2021

The appeal is directed against the judgment and

order dated January 22, 2020 passed by learned Judge,

Motor Accident Claims Tribunal, 3rd Court, Krishnagar,

Nadia, in M.A.C Case No. 192 of 2017, on a claim under

Section 166 of the Motor Vehicles Act, 1988 for the death

of one 'Krishna Shil' in a road accident dated January 1,

2017.

Two points have been raised by the claimants in the

instant appeal challenging the quantum of compensation.

It is submitted on behalf of the appellants that the

monthly income of Rs.3,000/- 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 wrongfully awarded

by the Tribunal.

The Insurance Company is represented.

Considering the judgements of Smt. Sarla 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 2017, in a claim under Section 166 of the Motor

Vehicles Act, 1988, an amount of Rs.5,000/- per month

does not appear to be exorbitant. Appellants are also

justified in praying for 25% addition on account of 'future

prospect' on the income of the deceased. Accordingly, the

impugned award is modified and recalculated in the

manner referred hereinafter.

The income of the victim being Rs.5,000/- per

month, upon annualizing, comes to Rs.60,000/-. The

addition of 25% 'future prospect' brings it to Rs.75,000/-.

For 'personal expenses', 1/3rd is deducted and then it is

the amount of Rs.50,000/- on which the multiplier of 13

is applied to reach the net pecuniary compensation of

Rs.6,50,000/-. Claimants are also entitled to Rs.70,000/-

on account of collective heads of general damages, taking

the gross compensation to Rs.7,20,000/- 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 awarded

amount of Rs.3,82,000/- along with interest. Accordingly,

the balance enhanced sum of Rs.3,38,000/- would

become payable to the appellants by the insurance

company, 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.

The Tribunal Judge has granted liberty to the

insurer to recover the total compensation from the owner

of the vehicle. Such observation of Tribunal is not altered.

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.)