Calcutta High Court (Appellete Side)
Sabita Rani Mondal Das & Anr vs Shriram General Insurance Co. ... on 19 July, 2021
10 19.07.2021 (Via Video Conference)
Sc
F.M.A.T 366 OF 2018
with
I.A. No. CAN 1 OF 2019
(Old No. CAN 5123 of 2019)
--------------
Sabita Rani Mondal Das & Anr.
-Vs.-
Shriram General Insurance Co. Ltd. & Anr.
Mr. Saidur Rahaman
...For the Appellants/
Claimants.
Mr. Rajesh Singh
...For the Respondent/
Insurance Company
CAN No. 5123 of 2019
--------------
This is an application for condoning the delay in
filing the 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.
F.M.A.T. 366 of 2018
------------
The appeal is directed against the judgment and
order dated 30th day of October, 2017 passed by the
learned Judge Motor Accident Claims Tribunal, District
Judge, Dakshin Dinajpur at Balurghat in M.A.C. case no.
5 of 2014 on a claim under section 166 of the Motor
Vehicles Act, 1988 for the death of a bachelor, namely
'Parimal Mondal' in a road accident dated November 5,
2013.
Various points have been raised by the
appellants/claimants in the instant appeal challenging
the quantum of compensation. It is submitted on behalf
of the appellants/claimants that the learned Judge erred
in applying the multiplier of '13' purchase factor. Further,
the claimants were not granted any amount under 'future
prospect'. Counsel for the appellants/claimants also
submits that the appellants/claimants were erroneously
given only Rs.4,500/- instead of Rs.30,000/- under the
full component of 'general damages'. Lastly, claimants
plead that the Ld. Judge erred in not granting 'interest' on
the compensation amount from the date of filing of claim
application. Accordingly, it was argued that a lesser
quantum of compensation has been wrongfully awarded
by the tribunal.
Per contra, the counsel representing the insurance
company argues that in the facts and circumstances of
the case, the award is just and reasonable and there is no
further scope of enhancement of the same.
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, I find substance in the arguments of
the appellants/claimants. Appellants/claimants are
justified in praying for 40% addition on account of 'future
prospect'. The deceased was 28 years old, therefore
appropriate multiplier of '17' should have been applied.
The appellants/claimants should also get Rs.30,000/-
under collective heads of general damages and it is now
well settled that the compensation amount should carry
interest from the date of filing of claim application.
Accordingly, the impugned award is modified and
recalculated in the manner referred hereinafter.
Particulars Amount (Rs.)
Monthly Income Rs.5,487/-
Annual Income Rs.65,844/
Add 40% future prospect
(Rs.26,337/-) Rs.92,181/-
Less 50% for personal expenses
(Rs.46,090/-) Rs.46,090/-
Multiplier '17' Rs.7,83,530/-
Add 'General Damages' Rs.30,000/-
TOTAL Principal Compensation Rs.8,13,530/-
LESS - awarded by Tribunal and
paid by insurer Rs.4,31,940/-
BALANCE (enhancement) Rs.3,81,590/-
The appellants/claimants acknowledge receipt of
the awarded amount of Rs.4,31,940/- in terms of the
direction of the tribunal. Accordingly, the balance
enhanced sum of Rs.3,81,590/- would become payable to
the appellants/claimants 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/claimants. If it is found that
appellants/claimants did not receive any interest on the
already awarded and paid amount of Rs.4,31,940/-,
insurer shall pay interest on the said amount at the same
rate of 6% as directed above, from the date of filing of
claim application till the date of payment. Counsel for the
appellants/claimants will forward the bank account
details of the appellants/claimants within a fortnight
from date to counsel for the insurance company. The
payment shall be made in the proportion decided by the
tribunal.
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 department
concerned 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.)
