Sumita Majumder (Das) vs The New India Assurance Co. Ltd. & ...
2021 Latest Caselaw 3674 Cal

09.07.2021
  ss
                                F.M.A.T. 394 of 2019
                            I.A. CAN 1 of 2019 (old No.CAN 4550 of 2019)
                                      I.A. CAN 2 of 2020
                                   ( Via Video Conference )


                                  Sumita Majumder (Das)
                                         Vs.
                        The New India Assurance Co. Ltd. & anr.



                   Mr. Nilanjan Pal
                                         ...For the Appellant/claimant


                   Mr. Rajdeep Bhattacharya
                                     ... For the respondent No.1/

The New India Assurance Co. Ltd.

The claimant is in appeal, complaining of the

inadequate compensation granted by the Tribunal in its

Judgement dated February 19, 2019 passed by the

Learned Judge, Motor Accident Claims Tribunal cum

Additional District & Session Judge, 2nd Court at

Barrackpore, North 24 Parganas in M.A.C. Case No. 19 of

2015, on a claim under Section 166 of the Motor Vehicles

Act, 1988 in respect of an accident that took place on

30-04-2015.

The appellant states that the victim who was an

employee of Zenith Super Specialist Hospital, died at the

age of 47 years. The Claimant states that her husband

used to Rs.5,200/- per month but the Learned Tribunal

held it Rs.3,000/- per month. Learned Advocate for the

claimant states that for some time, it has been the

practice of this Court to take the basic income upto the

year 2010 as Rs.3,000/- and from 2011 to 2014, it would

be Rs. 4,000/- and from 2015 onwards it would be

Rs.5,000/-. Since unskilled workers were capable to

earning such amount per month when working most of

the days. The appellant further points out that the

claimant is also entitled to 25% on account of future

prospects and Rs.70,000/- under collective heads of

general damages in view of the law as it stands now after

the judgments of the Hon'ble Apex Court in Smt. Sarla

Verma & ors. Vs. Delhi Transport Corporatio0n &

anr. reported in (2009) 6 SCC 121 and National

Insurance Company Ltd. Vs. Pranay Sethi & ors.,

reported in (2017) 16 SCC 680. However, Learned

Tribunal erred in not allowing the same.

The insurance company is represented.

The impugned award is modified and the claimant

is found to be entitled to a total amount of Rs.7,20,000/-

together with interest thereon at the rate of 6% per

annum from the date of lodging the claim till the receipt

of payment as indicated more fully hereafter.

The gross income of the victim appears to have

been Rs.60,000/- per annum. After deducting one-third

from such figure on account of personal expenses, the net

yearly income comes to Rs.40,000/-. On such amount, a

multiplier of 13 is applied as the victim is between the age

group of 45 to 50 years and 25% is added on account of

future prospect since the victim was from private service

and between age group of 45 to 50 years, thus, taking the

amount to Rs.6,50,000/-. Upon adding Rs.70,000/- on

account of collective heads of general damages, the gross

amount comes to Rs.7,20,000/- together with interest at

the rate of 6% per annum as indicated above.

The claimant states that the Learned Tribunal has

awarded a sum of Rs.2,43,500/- together with interest

thereon at the rate of 6% per annum from the date of

lodging the claim i.e. 10.12.2015. The claimant further

submits that the claimant has not withdrawn the cheque

from the Tribunal and its validity has also expired in the

meantime. In view of the same, the claimant is granted

liberty to take appropriate steps as per law before the

Tribunal. The balance sum of Rs.4,76,500/- 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 through NEFT/RTGS. The

counsel for the claimant is directed to furnish the bank

particulars of the claimant to the counsel for the

insurance company within a week. The Insurance

Company is granted liberty to realize the amount from the

owner as per law. The payment shall be made 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.)