Calcutta High Court (Appellete Side)
7 vs Akb Kalidas Soren & Ors on 12 July, 2021
Ct.
No. 12.7 F.M.A. 25 of 2010
26 2021 ( Via Video Conference )
National Insurance Co. Ltd. & Anr.
7 Vs.
akb Kalidas Soren & Ors.
Mr. Parimal Kumar Pahari
Mr. Rajesh Singh ...For the Appellant/Insurance Co.
Mr. Amit Ranjan Roy ...For the Appellants/Claimants
The Instant appeal is directed against the judgment
and award dated July 15, 2009 passed by the learned Judge,
Motor Accident Claims Tribunal, District Judge, Birbhum,
in M.A.C. Case No. 187 of 2008.
Mr. Parimal Kumar Pahari, learned Counsel
appearing on behalf of the appellant/Insurance Company
fairly submits that the law is not permitting the grounds of
appeal and the method of calculation is perfect.
In view of the above submission of the
appellant/Insurance Company, this Court dismissed the
appeal of the Insurance Company on merit.
Mr. Amit Ranjan Roy, learned Counsel appearing
on behalf of the claimants/respondents submits that his
clients filed a cross objection, being C.O.T. No. 6 of 2010.
The main ground of cross objection is that the
learned Tribunal assessed the compensation by considering
the monthly income of Rs.2,000/- instead of Rs.3,200/- per
month.
After considering the submissions made on behalf
of the parties, I am of the view that the Tribunal ought to
have assessed the monthly income of Rs.3,000/- per month
and interest ought to have awarded from the date of filing of
the claim application, i.e. on October 31, 2008.
In view of the above, the impugned award is thus
modified and reassessed the compensation in the following
manner :-
Monthly income Rs. 3,000/-
Yearly Rs. 36,000/-
1/3rd deduction on personal Expenses Rs. 24,000/-
Multiplier 17 (24,000 X 17) Rs.4,08,000/-
(as age of the victim 25 years)
Loss of estate and funeral Expenses Rs. 4,500/-
Total Compensation Rs.4,12,500/-
Tribunal awarded Rs.2,92,500/-
Amount Payable Rs.1,20,000/-
In course of hearing, learned Counsel for the parties
informed that the appellant/Insurance Company deposited
the awarded sum at the time of obtaining the order of stay
and in view of the order dated February 09, 2010, the
claimant/respondent No. 2, mother of the victim withdrew
Rs.1.50,000/- from the learned Registrar General of this
Court.
Under such circumstance and in view of the above
modification of the impugned award this Court granting
liberty to the claimant/respondent No. 2 being the legal heir
of the victim since deceased to withdraw the rest awarded
sum lying with the Registrar General of this Court along
with any accrued interest thereon and also directing the
appellant/Insurance Company to pay the differential amount
of Rs.1,20,000/- along with 6% per centum per interest to
the claimant/respondent No. 2 directly to the bank account
within 45 days from the date of receipt of the Bank
particulars.
Learned Counsel for the claimant/respondent No. 2
will forward the bank account details of the
claimant/respondent No. 2 within a fortnight from date to the
learned Counsel for the Insurance Company as well as the
learned Registrar General of this Court shall transmit the
awarded amount, in view of the above, to the bank account
of the respondent No. 2 accordingly, within one month.
With the aforesaid observation, cross objection,
being C.O.T. No. 6 of 2010 filed by the claimants /
respondents is allowed by treating the same as on day's list
and the instant appeal of the appellant/Insurance Company is
dismissed.
In view of disposal of the appeals, connected
applications, if any, are also disposed of. The concerned
Department is directed to trace out the cross appeal, being
C.O.T. No. 6 of 2010 as also the applications, if any, and tag
with this appeal.
There shall be no further order as to costs.
LCR, if any, may be returned back to the court
below.
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.)
