Calcutta High Court (Appellete Side)
Smt. Hira Bouri & Ors vs The New India Assurance Company ... on 12 July, 2021
12 12.07.2021 (Via Video Conference)
Sc
F.M.A.T 809 OF 2018
with
I.A. No. CAN 1 OF 2018
(Old No.CAN 6622 OF 2018)
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Smt. Hira Bouri & Ors.
Vs.
The New India Assurance Company Ltd.
Raniganj Branch & Anr.
Mr. Amit Ranjan Roy
...For the Appellants/
Claimants
Mr. Sanjay Paul
...For the Respondent/
Assurance Co.
I.A. No. CAN 1 of 2018
(Old No.CAN 6622 of 2018)
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This is an application for condonation of delay in
filing the instant appeal.
On perusal of the pleadings, this Court is satisfied
that cause shown for delay in filing of the appeal is
sufficient and prayer for condonation of delay should be
allowed.
Accordingly, the application for condonation of
delay stands allowed. Register the appeal if it is in form.
F.M.A.T 809 OF 2018
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This instant appeal has been filed by the
appellants/claimants against the Judgment and award
dated March 29, 2018, passed by the learned Addicional
District and Sessions Judge and Judge, Motor Accident
Claims Tribunal, 4th Court, Asansol in M.A.C. Case No.10
of 2016/144 of 2014, on a claim under Section 166 of the
Motor Vehicles Act, 1988.
Two points have been mainly raised by the
appellants/claimants in the appeal. Mr. Amit Ranjan
Roy, counsel appearing on behalf of the
appellants/claimants submits that the income of the
deceased has not been properly considered in spite of
evidence and secondly the claimants were not granted
any amount under the heading of future prospect.
Accordingly Mr. Roy submitted that lesser quantum of
compensation has been awarded by the tribunal.
Mr. Sanjay Paul, counsel is appearing on behalf of
the respondent/Assurance Co. vehemently opposed the
submission of appellants/claimants and argued that the
tribunal is justified in awarding the compensation
amount and there is no scope of the appellate court for
interference.
Mr. Roy counsel appearing for the
appellants/claimants submits that the deceased was a
permanent employee of Purulia Municipality and the
salary statement has been produced and the same has
been exhibited (Exbt. - 14) in presence of P.W.- 3, one
officer of the said municipality and also submits that it
appears from the record that the deceased was 31 years
at the time of accident and was earning Rs.9649/- per
month after deduction of tax components. The second
point was that the appellants/claimants are entitled to
get 50% future prospect on the on the income of the
deceased in view of the law as laid down in the cases 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.
It appears from the salary statement (Exbt. - 14) of
the deceased that the net salary is Rs.8649/- after
deducting the tax components and the GPF. Mr. Roy
submits that the amount of Rs.1000/- under the heading
GPF should be taken into account as income of the
deceased.
I have heard counsel appearing for the parties and
find some substance in the submission made on behalf of
the appellants/claimants that monthly income of the
deceased should be taken Rs.9649/- and also that
addition of 50%, as prayed for by the
appellants/claimants on account of future prospect on
the income of the deceased should be allowed.
Accordingly, the award is modified and reassessed as
follows :
Monthly income Rs.9649/-
Annual Income (Rs9649x12) Rs. 1,15,788/-
After deduction of 1/3rd (Rs115788/3)) Rs.77,192/-
Add Future Prospect of 50%
(Rs.77,192+38,596) Rs 1,15,788/-
Age 31, multiplier would be 16 Rs.18,52,608/-
General damages Rs.70,000/-
Total compensation would be Rs.19,22,608/-
Tribunal awarded Rs.11,91,362/-
Payable Rs.7,31,246/
The appellants/claimants acknowledge receipt of a
sum of the entire awarded amount of Rs.11,91,362/-
along with interest. The balance sum of Rs.7,31,246/-
would become payable to the appellants/claimants
together with interest assessed @6% per annum on and
from the date of filing of the claim application within a
period of 45 days from the date of receipt of the bank
account particulars of the appellants/claimants.
The appellants/claimants will forward their bank
accounts' details through their counsel to the counsel for
the Assurance company within a fortnight from date. The
payment shall be made by the Assurance Company in the
same manner and proportion as 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.)
