Calcutta High Court (Appellete Side)
Smt. Ranu Patra & Ors vs The National Insurance Co. Ltd. & ... on 13 July, 2021
13.07.2021
ss
F.M.A.T. 930 of 2018
I.A. CAN 1 of 2020 (old No. CAN 185 of 2020)
( Via Video Conference )
Smt. Ranu Patra & ors.
Vs.
The National Insurance Co. Ltd. & anr.
Mr. Subhankar Mondal
...For the Appellants/claimants
Mr. Parimal Kumar Pahari
... For the respondent no.1/Insurance Co.
CAN 185 of 2020
On the prayer of the learned Counsel appearing on
behalf of the appellants and since learned Counsel for the
respondent/Insurance Company did not oppose, this
Court condones the delay in filing the instant appeal. The
application for condonation of delay is disposed of.
By consent of the parties, instant appeal is treated
as on day's list and is taken up for hearing.
The department is directed to issue F.M.A. number
immediately.
FMAT 930 of 2018
The appeal is directed against the judgment and
order dated 05-06-2018 passed by the Learned Judge,
Motor Accident Claims Tribunal, cum Re-Designated
Court, Paschim Medinipur in M.A.C. Case No. 376 of
2014 on a claim under Section 166 of Motor Vehicles Act
1988 for the accidental death of Ratan Patra who left
behind widow, daughters and son.
The facts of the case are not in dispute.
Various points raised by the claimants in the
instant appeal challenging the quantum of compensation,
it is submitted on behalf of appellants that the monthly
income of Rs.3,000/of the victim considered for by the
court below was inadequate. Further, the claimants were
not granted any amount towards the head of future
prospects. The Insurance company is represented.
In turn, the learned Advocate for the respondent/
Insurance Company submits that the award passed by
the learned Tribunal is erroneous as multiplier chosen
17 instead of 16 for the age of deceased 32 years. 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/
Add future prospects 40 % 14,400/
Total income 50,400/
Less 1/4rd deduction towards 12,400/
personal expenses
Loss of annual dependency 37,800/
Multiplier 16 6,04,800/
General damages 70,000
Total 6,74,800/
Since the entire amount of Rs.5,59,000/ 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.1,15,800/ 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
bearing F.M.A.T. 930 of 2018 shall stand disposed of.
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.
(Shekhar B. Saraf, J.)
