Calcutta High Court (Appellete Side)
Smt. Kakoli Ghosal ... vs The National Insurance Co. Ltd. & ... on 13 July, 2021
S/L 16
13.7.2021
Court No.26
SD
FMA 163 of 2021
(Via Video Conference)
Smt. Kakoli Ghosal (Bhattacharya) & Ors.
Vs.
The National Insurance Co. Ltd. & Anr.
Mr. Subhankar Mandal
... for the Appellants/Claimants.
Ms. Sucharita Paul
... for the Respondents/Insurance Co.
The appeal has been filed against the judgment and
award dated December 20, 2019 passed by the learned
Additional District & Sessions Judge, Motor Accident Claims
Tribunal, Fast Track, 2nd Court, Purba Bardhaman in M.A.C
Case No. 7 of 2015 (Old M.A.C. Case No. 20/2015), on a
claim under section 166 of the Motor Vehicles Act, 1988.
The appellants/claimants submit that the 42 years old
victim was earning Rs.10,000/- per month as a pathology
technician. However, the tribunal erroneously took the
income to be Rs.3,000/- per annum. The appellants further
submit that the claimants are entitled to 25% future
prospects on the income of the deceased and a total of
Rs.70,000/- 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 National
Insurance Company Ltd. Vs. Pranay Sethi & Ors.,
reported in (2017) 16 SCC 680.
Mrs. Sucharita Paul, counsel appearing on behalf of
the insurance company, submits that the Tribunal was
correct in accepting the income of the victim to be
Rs.3,000/- in absence of any 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 in the year 2014, the
base income has to be taken at Rs.4,000/- per month.
Moreover, such amount of Rs.4,000/- per month does not
appear to be exorbitant at all for the year 2014, as an
unskilled worker working on all days could have earned
Rs.4,000/- 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.4,000/-.
Accordingly, after considering the submissions of the
counsel appearing on behalf of the parties, the impugned
award is modified and reassessed as follows:
Particulars Amount (Rs.)
Monthly income 4,000.00
Add 25% future prospect (+) 1,000.00
5,000.00
x 12
60,000.00
Less: 1/3rd personal expenses (-) 20,000.00
40,000.00
Multiplier of 14 to be used (x) 14
5,60,000.00
Collective heads of General Damages (+) 70,000.00
6,30,000.00
Less: Awarded amount (-) 4,06,000.00
Differential amount 2,24,000.00
The claimants acknowledge receipt of the entire
awarded amount of Rs.4,06,000/- along with interest. The
balance amount of Rs.2,24,000/- would become payable to
the claimants by the Insurance Company together with
interest assessed @ 6 per cent per annum, 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
claimants. Advocate for the claimants will forward the bank
account details of the claimants 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.
There shall be no order as to costs.
In view of the disposal of this appeal, connected
application, if any, is also disposed of.
The Registry is directed to send down the lower court
records at once, if received by this time.
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.)
