Calcutta High Court (Appellete Side)
Mina Bibi & Anr vs United India Insurance Co. Ltd. & ... on 14 July, 2021
14.07.2021
ss ( Via Video Conference )
F.M.A. 351 of 2021
Mina Bibi & anr.
Vs.
United India Insurance Co. Ltd. & anr.
Mr. Muktakesh Das
...For the Appellants/claimants
Mr. Rajesh Singh
...For the Respondent no.1/Insurance Co.
The appeal is directed against the judgment and
order dated December 20, 2018 passed by learned Judge,
Motor Accident Claims Tribunal, Fast Track 3rd Court,
Nadia at Krishnagar in M.A.C Case No. 183 of 2016, on a
claim under Section 166 of the Motor Vehicles Act, 1988
for the death of one 26 years old bachelor 'Ibrahim
Sheikh' in a road accident dated April 27, 2016.
Various points have been raised by the claimants in
the instant appeal challenging 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.
Further, the claimants also pleaded that they were not
granted any amount under 'future prospect'. Accordingly,
it was argued that a lesser quantum of compensation has
been wrongfully awarded by the Tribunal.
Mr. Singh, the learned Advocate appearing on
behalf of the insurance company submits that the learned
Tribunal was correct in accepting the income of the victim
to be Rs.3,000/- in absence of any documentary evidence.
Considering the judgements 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 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 2016, in a claim under Section 166 of the Motor
Vehicles Act, 1988, an amount of Rs.5,000/- per month
does not appear to be exorbitant. Appellants are also
justified in praying for 40% addition on account of 'future
prospect' on the income of the deceased. Accordingly, the
impugned award is modified and recalculated in the
manner referred hereinafter.
Particulars Amount (Rs.)
Monthly Income Rs.5,000/-
Add 40% future prospects (Rs.2,000/-) Rs.7,000/-
Annual Income Rs.84,000/-
Less 50% for personal expenses
(Rs.42,000/-) Rs.42,000/-
Multiplier '17' Rs.7,14,000/-
Add 'General Damages' Rs.30,000/-
TOTAL Principal Compensation Rs.7,44,000/-
LESS - awarded by Tribunal and
paid by insurer Rs.4,58,400/-
BALANCE (enhancement) Rs.2,85,600/-
The claimants acknowledge receipt of the awarded
amount of Rs.4,58,400/- along with interest. Accordingly,
the balance enhanced sum of Rs.2,85,600/- would
become payable to the appellant no. 1 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.
Learned Advocate for the Appellant no. 1 will forward the
bank account details of the said appellant within a
fortnight from date to the learned Advocate for the
Insurance Company. The payment shall be made only to
the mother of the deceased, being appellant no. 1, 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.)
