Sc vs National Insurance Company Ltd. & ...
2021 Latest Caselaw 3677 Cal

Ct   09.7                        F.M.A.T 1317 of 2019
No   2021                      ( Via Video Conference )
26                                     --------------

9                                 Purnima Paul & Ors.
Sc                                      Vs.
                         National Insurance company Ltd. & Anr.


            Mr. Muktakesh Das
                                      ...For the Appellants/Claimants

            Mr. P. K. Pahari
                                      ...For the respondent No.1/

Insurance Co.

This instant appeal has been filed by the

appellants/claimants against the judgment and award

dated January 24, 2019 passed by the learned Additional

District Judge, 5th Court, Nadia at Krishnagar in M.A.C.

Case No. 11 of 2017 on a claim under Section 166 of the

Motor Vehicles Act, 1988 for the accidental death of Gopal

Paul on October 8, 2016.

The facts of the case are not in dispute.

The claim was filed under Section 166 of the M. V.

Act, 1988. Mr. Das, counsel appearing on behalf of the

appellants/claimants submits that the tribunal

committed an error in law while assessing the income of

the deceased at Rs.4500/- instead of Rs.9000/- per

month.

He also submits that the tribunal committed an

error in law while not granting additional 10% on the

income towards future prospect since the deceased was

54 years old, self-employed person.

Mr. Das also submits that the tribunal committed

an error in law while granting Rs.58,000/- instead of

Rs.70,000/- towards general damages.

He further submits that the tribunal committed an

error in law while not granting interest on the awarded

sum from the date of filing of the claim application till its

realisation.

Mr. Pahari, counsel appearing on behalf of the

respondent no. 1/ Insurance Company submits that the

tribunal is just in not assessing the monthly income of

the deceased at Rs.9000/- since the appellants/claimants

have failed to produce any cogent evidence before the

tribunal to establish the monthly income of the deceased.

Be that as it may, considering the submissions of

the parties as well as the judgments of the Hon'ble

Supreme Court and general practice of this Court the

award passed by the tribunal is modified and recalculated

as follows :

      Monthly Income                  Rs.5,000/-
      Annual Income                   Rs.60,000/-
      Add 10% Future Prospect         Rs.6,000/-
      Total Income                    Rs.66,000/-

Less Personal Expenses 1/4th Rs.16,500/- Annual Loss of Dependency Rs.49,500/- Multiplier 11(Rs.49,500X11) Rs.5,44,500/-

      Add General Damages             Rs.70,000/-
      Total Compensation              Rs.6,14,500/-

(a) Mr. Das submits that the appellants/claimants

have received the awarded sum of Rs.5,03,375/- without

any interest and also submits that they are entitled to get

interest @6% per annum on the said sum of

Rs.5,03,375/- till payment of the same.

(b) Mr. Das also submits that the appellants/claimants

are also entitled to get a sum of Rs.1,11,125/-

(Rs.6,14,500 - Rs.5,03,375/-) together with interest @6%

per annum from the date of filing of the claim application

till payment to the appellants/claimants.

The Insurance Company is directed to pay as stated

in paragraphs (a) and (b) to the appellants'/claimants'

bank accounts directly within a period of four weeks from

date of furnishing their bank details.

The appellants/claimants are directed to furnish

their bank details to the Insurance Company within two

weeks from date.

With the aforesaid direction, the instant appeal is

disposed of.

There shall 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.)