Calcutta High Court (Appellete Side)
Smt. Shanti Rani Dey & Ors vs The United India Insurance Co. ... on 8 July, 2021
08.07.2021
ss
F.M.A.T. 1199 of 2018
I.A. CAN 1 of 2018 (old No. CAN 9303 of 2018)
( Via Video Conference )
Smt. Shanti Rani Dey & ors.
Vs.
The United India Insurance Co. Ltd. & ors.
Mr. Krishanu Banik
...For the Appellants/claimants
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.
CAN 9303 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, the 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 1199 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. 115 of 2017, on a claim under section
166 of the Motor Vehicles Act, 1988.
The claimants submit that the learned tribunal
erred in not awarding any future prospect on the income
of the victim. It is also pleaded that the Tribunal applied
the wrong multiplier of '13'. The appropriate multiplier in
the instant case should be of '14' purchase factor.
Both the Insurance Companies are represented.
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
claimants are entitled to 25% additional income as future
prospects of the deceased. This Court is also inclined to
accept the submissions made on behalf of the appellants
on the point of multiplier. The impugned award is thus
modified as stated hereinafter.
On the monthly income of Rs.28,819/- of the
victim, the addition of 25% as future prospect, brings the
income to Rs.36,023.75 per month. Accordingly,
Rs.4,32,285/- becomes the annual income of the
deceased. By deducting 1/3rd as personal expenses, it is
the figure of Rs.2,88,190/- on which a multiplier of 14
would be applied. The net pecuniary compensation comes
to Rs.40,34,660/-. The claimants are also entitled to
Rs.30,000/- on account of loss of estate and funeral
expenses, taking the gross compensation to
Rs.40,64,660/- 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 entire
awarded amount of Rs.30,27,275/- along with interest.
The balance sum of Rs.10,37,385/- 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. Advocate for the Appellants will forward
the bank account details of the appellants within a
fortnight from date to Advocates for the insurance
companies. The payment shall be made in equal share, by
both Insurance Companies (The New India Assurance
Company Limited & United India Insurance Company
Limited) to the claimants, in the proportion decided by
the Court below.
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.)
