Calcutta High Court (Appellete Side)
Smt. Pushpa Bauri vs The National Insurance Co. Ltd. & ... on 12 July, 2021
15 12.07.2021 (Via Video Conference)
Sc
F.M.A.T 1266 OF 2019
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Smt. Pushpa Bauri
Vs.
The National Insurance Co. Ltd. & Anr.
Mr. Subhankar Mandal
...For the Appellant/
Claimant
Mr. Afroz Alam
...For the Respondent/
Insurance Company
The appeal is directed against the judgment and
order dated 30th September, 2019 passed by the Learned
Judge, M.A.C. Tribunal, 4th Court, Asansol, Paschim
Bardhaman in M.A.C. Case No. 20 of 2016 (Smt.
Pushpa Bauri -vs- Kakali Roy &Anr.).
The facts of the case are not in dispute.
The claim was filed under Section 163A of the M.
V. Act, 1988. The Learned Advocate for the
appellant/claimant submits that the Learned Tribunal
committed error in law while Learned Tribunal
committed error in law by applying multiplier 13
considering age of the mother but fact remains that at
the time of accident the deceased was 28 years old and
as II Schedule of M.V. Act, 1988 the appropriate
multiplier is 18.
The Learned Tribunal also committed error in law
while deducting 50% income towards personal expenses
but as per II Schedule of M.V. Act the Learned Tribunal
ought to have deducted 1/3rd income towards personal
expenses.
In turn the Learned Advocate 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.
Be that as it may, considering the rival submissions
of the parties as well as judgment of Hon'ble Apex Court
as well as general practice of our High Court, above
award passed by the Tribunal below is modified and
recalculated as follows:
Particulars Amount
(Rs.)
Monthly Income 3,000/
Annual Income (x 12) 36,000/
Less 1/3rd deduction towards 12,000
personal expenses
Loss of annual dependency 24,000/
Multiplier 18 4,32,000/
General damages 4,500/
Total 4,36,500/
Since the entire amount of Rs.2,38,500/ together
with interest that has been awarded by the court below
has been paid by the insurance company, the differential
amount which comes to Rs. 1,98,000/ together with 6%
interest from date of claim application till payment which
shall be paid to the claimants in the same manner as
indicated in the award within 30 days of receipt of
particulars of their bank accounts to be supplied by his
counsel to the counsel for the insurance company.
It is made clear that the payments shall be made by
NEFT/ RTGS in the proportion as ordered 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.)
