Namita Dey & Anr vs The New India Assurance Company ...
2021 Latest Caselaw 3678 Cal

10 09.07.2021               (Via Video Conference)
Sc
                              F.M.A 205 of 2021
                                      with
                             I.A. No. CAN 1 of 2021
                             (Application is not tagged with file)


                                      --------------

Namita Dey & Anr.

Vs.

The New India Assurance Company Limited, Barasat Branch & Anr.

Mr. Amit Ranjan Roy ...For the Appellants/ Claimants Ms. Sucharita Paul ...For the Respondent/ Assurance Co.

The appeal is directed against the judgment

and order dated 17th February, 2020 passed by the

Learned Judge, Motor Accident Claims Tribunal, 3rd

Court, Krishnagar, Nadia, in M.A.C. Case No. 79 of

2017, on a claim under Section 166 of the Motor

Vehicles Act, 1988, for an accident which took place

on January 15, 2017.

The claimants submit that the 25 years old

victim was earning Rs. 9,000/- per month as a

carpenter. However, the learned tribunal erroneously

took the income to be Rs. 3,000/- per month. The

appellants also submit that the multiplier in the

instant case should have been 18 instead of 17.

Further, the claimants are entitled to 40% future

prospects on the income of the deceased and a total

of Rs. 30,000/- under the collective heads of general

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

judgments delivered by the Hon'ble Supreme Court in

the case 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.

Mrs. Paul, the Ld. Advocate appearing on behalf

of the insurance company argues that the Ld.

Tribunal was correct in accepting the income of the

victim to be Rs. 3,000/- in absence of proper

documentary evidence.

This Court is inclined to accept the

submissions made on behalf of the insurance

company. However, it is now accepted in this court

for some time that 2015 onwards, the base income

has to be taken at Rs.5,000/- per month. Moreover,

such amount of Rs. 5000/- per month does not

appear to be exorbitant at all for the year 2015, as an

unskilled worker working on all days could have

earned Rs. 5000/- per month. Accordingly, on such

basis and considering the submissions as advanced

by the learned advocates for the parties, in my

opinion, the monthly income of the victim should be

taken as Rs. 5,000/-.

The impugned award is thus modified and

recalculated. The monthly income of the victim is

taken to be Rs. 5,000/- per month. Upon adding 40%

as future prospect, such amount comes to Rs.

7,000/- per month. After annualizing the same and

deducting 1/2 as personal expenses, it is the figure

of Rs. 42,000/- on which a multiplier of 18 would be

applied. Thus, the net pecuniary compensation

comes to Rs. 7,56,000/-. The claimants are also

entitled to Rs. 30,000/- on account of loss of estate

and funeral expenses, taking the gross compensation

to Rs. 7,86,000/- 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

entire awarded amount of Rs. 3,21,000/- along with

interest. The balance sum of Rs. 4,65,000/- would be

paid 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.

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.)