Calcutta High Court (Appellete Side)
Smt. Usha Si & Anr vs Shriram General Insurance ... on 12 July, 2021
11 12.07.2021 (Via Video Conference)
Sc
F.M.A 1762 OF 2015
with
I.A. No. CAN 1 OF 2016
(Old No.CAN 2639 OF 2016)
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Smt. Usha Si & Anr.
Vs.
Shriram General Insurance Company Ltd. & Anr.
Mr. Krishanu Banik
...For the Appellants/
Claimants
Mr. Rajesh Singh
...For the Respondent/
Insurance Co.
The appeal is directed against the judgment and
order dated April 23, 2014 passed by the learned Judge,
Fast Track, 1st Court, Burdwan, in M.A.C Case No. 12/93
of 2012, on a claim under section 163A of the Motor
Vehicles Act, 1988 (hereinafter referred to as 'the said
Act') for the death of one 'Bishu @ Biswajit Si', a bachelor,
in a road accident dated March 6, 2012.
The claimants in the instant appeal challenged the
quantum of compensation. It is submitted on behalf of
the appellants that the monthly income of Rs.3,000/- of
the victim, considered for by the learned Judge was
inadequate. Claimants also argued that the deduction of
50% of victim's income for his 'personal expenses' was not
permissible under section 163A of Motor Vehicles Act,
1988 and the said deduction should have been restricted
to 1/3rd of deceased's income. Accordingly, it was argued
that a lesser quantum of compensation has been
wrongfully awarded by the Tribunal.
The Insurance Company is represented.
Considering the fact that the above case was filed
under section 163A of the said act and also following the
precedence of this Court on the point of monthly income,
I find substance in the arguments of the appellants. For
the year 2012, in a claim under section 163A of the said
Act, an amount of Rs.3,300/- per month does not appear
to be exorbitant. Appellants are also justified in praying
for 1/3rd deduction on account of 'personal expenses' of
the income of the deceased. Accordingly, the impugned
award is modified and recalculated in the manner
referred hereinafter.
Monthly income Rs.3,300/-
Less 1/3rd for personal espenses (Rs.1,100/-) Rs.2,200/-
Annual Income Rs.26,400/-
Muliplier (17) Rs.4,48,800/-
General damages Rs.4,500/-
TOTAL Rs.4,53,300/-
Less already paid by insurer in terms of award Rs.1,58,500/-
Enhanced amount Rs.2,94,800/-
The claimants acknowledge receipt of the awarded
amount of Rs.1,58,500/- along with interest. Accordingly,
the balance enhanced sum of Rs.2,94,800/- would
become payable 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.)
