Calcutta High Court (Appellete Side)
Prabhati Pal & Anr vs The United India Assurance Co. ... on 19 July, 2021
19.07.2021
ss ( Via Video Conference )
F.M.A.T. 11 of 2021
I.A. CAN 1 of 2021
Prabhati Pal & anr.
Vs.
The United India Assurance Co. Ltd. & anr.
Mr. Amit Ranjan Roy ...For the Appellants/claimants
Mr. Sanjay Paul ... For the respondent/Assurance Co.
CAN 1 of 2021
Since the original application is not found in the
file, the photostat copy of the application for condonation
of delay is taken on record and the same be treated as
original.
This is an application for condonation of delay in
filing the instant appeal.
On perusal of the pleadings, this Court is satisfied
that the cause shown for delay in filing the instant appeal
is sufficient and prayer for condonation of delay should
be allowed.
Accordingly, the application for condonation of
delay stands allowed.
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 11 of 2021
The appeal is directed against the judgment and
order dated September 17, 2019 passed by learned
Judge, Motor Accident Claims Tribunal, 1st Court,
Tamlur, Purba Medinipur in M.A.C Case No. 327 of 2016,
on a claim under Section 166 of the Motor Vehicles Act,
The fact of the case is that the parents are claiming
compensation on account of death of their son namely
Sukdeb Pal, in a road accident that took place on 13th
June, 2016.
Two 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 by
the learned Judge was inadequate. However, the
claimants were not granted any amount under the
heading 'future prospect' inspite of placement of
judgement of the Apex Court in the case of National
Insurance Company Ltd. Vs. Pranay Sethi & Ors.,
reported in (2017) 16 SCC 680. Accordingly, Mr. Amit
Ranjan Roy, learned Advocate appearing on behalf of the
appellants submits that the lesser quantum of
compensation has been wrongfully awarded by the
Tribunal.
Mr. Sanjay Paul, the learned Advocate appearing
on behalf of the insurance company argued that the
learned Tribunal rightly accepted the income of
Rs.3,000/- per month of the victim in absence of proper
documentary evidence and there is no scope of
enhancement of the same at this stage.
Heard the submissions of the parties and
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. Similarly, the appellants are justified in
praying for 40% addition on account of 'future prospect'
on the income of the deceased. The appellants however,
admit that the total component of 'general damages' in
the instant case should be Rs.30,000/- instead of
Rs.55,000/- as granted by the learned court below.
Mr. Roy further submits that deduction of ½ on
the account of personal expenses is correct on the
question of bachelor death and mother of the victim is
only entitled to get the compensation as first class legal
heir as decided by the Tribunal.
Considering the submissions, I am of the view that
the impugned award is required to be modified and the
claimants are found entitled to total amount of
Rs.7,86,000/- together with interest thereon at the rate of
6% per annum from the date of lodging of claim
application till the date of receipt of payment. In the light
of the above observations, the appellants are entitled to
get such compensation in the following manner:
Particulars Amount (Rs.)
Monthly Income Rs.5,000/-
Annual Income Rs.60,000/-
Less: 1/2 for personal expenses
Rs.30,000/-
Add: 40% future prospects
(30,000+40%) Rs.42,000/-
Multiplier '18' (42,000X18) Rs.7,56,000/-
Add 'General Damages' Rs.30,000/-
TOTAL Principal Compensation Rs.7,86,000/-
LESS - awarded by Tribunal and
paid by insurer Rs.3,79,000/-
BALANCE (enhancement) Rs.4,07,000/-
The claimants acknowledge receipt of the awarded
amount of Rs.3,79,000/- along with interest. Accordingly,
the balance sum of Rs.4,07,000/- 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 appellant no.1 peremptorily.
Learned Advocate for the Appellants will forward the bank
account details of the said appellant no.1 within a
fortnight from date to the learned Advocate for the
Insurance Company. The payment shall be made only to
the appellant no. 1.
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.)
