Calcutta High Court (Appellete Side)
Manjuhara Bibi Mir & Ors vs Rafikul Alam Sk. & Anr on 8 July, 2021
Ct.
No. 08.7 F.M.A.T. 983 of 2015
26 2021 With
IA No. CAN 1 of 2016 (Old No. CAN 3022 of 2016)
7 With
akb IA No. CAN 2 of 2016
( Via Video Conference )
Manjuhara Bibi Mir & Ors.
Vs.
Rafikul Alam Sk. & Anr.
Mr. Muktakesh Das ...For the Appellant/Claimant
Mr. Sanjay Paul
Ms. Gopa Das Mukherjee ...For the Respondent/Insurance Co.
On the oral prayer of the learned Counsel
appearing on behalf of the appellants/claimants, the delay in
filing the appeal is condoned. No serious objection has
been raised by Mr. Rajesh Singh, learned Counsel appearing
on behalf of the respondents/Insurance Company.
The application for condonation of delay is
disposed of.
This appeal is directed against the judgment and
award dated October 31, 2014 passed by the learned District
Judge, Motor Accident Claims Tribunal, Nadia at Krishnagar
in M.A.C. Case No. 315 of 2012.
The appeal has been preferred by the
claimants/appellants primarily on the ground that The
learned Tribunal has erred in computing the amount of
compensation. The accident took place on 12.06.2012 and
the award has been passed on 31.10.2014. The claim was
filed under Section 166 of the Motor Vehicles Act, 1988 and
on the unfortunate death of the husband of the claimant
Manjuhara Bibi Mir at the age of 35 years.
Mr. Muktakesh Das, learned Counsel appearing
on behalf of the claimants/appellants argued that the learned
Tribunal has passed the impugned judgment and award
beyond the law.
In turn Ms. Gopa Das Mukherjee, learned
Counsel appearing for the respondent/Insurance Company
submits that the award passed by the learned Tribunal is
absolutely just and there is no scope of any further
enhancement of the Award.
According to the learned Counsel for the
claimants/appellants the future prospect of the deceased
would be 40% of the then income of the deceased's which
has been well settled by the Hon'ble Apex Court in the case
of National Insurance Company Limited -V- Pranay Sethi & Ors.,
reported in (2017) 16 S.C.C. 680.
Ms. Mukherjee, learned Counsel for the
respondent/Insurance Company submits that the monthly
income of the deceased may be taken as Rs.4,000/- as per
general practice of this Hon'ble Court as against the claim of
Rs.7,000/- by the claimants/appellants and the rate of interest
may be taken as 6% per annum as per current rate of interest
prevailing in the country.
Be that as it may, considering the rival
submissions of the learned Counsel for the parties, as well as
the decisions of the Hon'ble Apex Court and general practice
of our Hon'ble High Court, above award passed by the
learned Tribunal below is modified and recalculated as
follows:-
Monthly income Rs. 4,000/-
Less: 1/4th Rs. 3,000/-
Add:
40% Additional income Rs. 4,200/-
towards future prospect
Annual Income (x12) Rs. 50,400/-
Multiplier (16) Rs.8,06,400/-
Loss of consortium Rs. 40,000/-
Loss of estate Rs. 15,000/-
Funeral expenses Rs. 15,000/-
Total Rs.8,76,400/-
Received Rs.4,28,000/-
Balance Rs.4,48,400/-
The claimants/appellants acknowledge receipt of
the entire awarded sum of Rs.4,28,000/- without any interest.
Accordingly, the claimants/respondents are entitled to get
6% interest from the date of filing of the claim application
till the date of deposit of the award before the learned
Tribunal and the balance sum of Rs.4,48,400/- would
become payable to the claimants/appellants together with
interest assessed @ of 6% per annum on and form the date of
filing in the claim petition within a period of 45 days from
the date of receipt of the Bank Account particulars of the
appellants which are to be supplied by their learned Counsels
to the learned Counsel for the Insurance Company.
It is made clear that the payment shall be made
by the Insurance Company through NEFT/RTGS in the
respective account of the claimants/appellants directly in
accordance to the proportionate share after expunging the
name and share of compensation as indicated in the
impugned judgment and award dated 31st Day of October,
2014 passed by the learned Tribunal, Nadia at Krishnagar in
M.A.C. Case No. 315 of 2012.
The application, being No. CAN No. 2 of 2020
filed by the claimants/appellants with the prayer to expunge
the name and share of compensation of claimant/appellant
No. 6, namely Mir Iunum Ali son of Late Mokchhed Ali,
who has died on 26.11.2019 is allowed with the direction
that his share of compensation be distributed as indicated in
the impugned judgement and award of the learned Tribunal.
With the aforesaid directions, the instant appeal
along with the connected applications are disposed of.
The concerned Department is directed to tag the
applications, if any, with the main appeal.
There shall be no further 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.)
