National Insurance Co. Ltd vs Kakali Mondal & Ors
2021 Latest Caselaw 3865 Cal

S/L 3
20.7.2021
Court No.26
SD
                                  FMA 1741 of 2014
                                       With
                                    CAN 1 of 2023
                               (Old CAN 11923 of 2013)
                                       With
                                   COT 54 of 2014
                             (Via Video Conference)

                               National Insurance Co. Ltd.
                                           Vs.
                                 Kakali Mondal & Ors.


              Mr. Sanjay Pal
                                        ... for the Appellant/Insurance Co.
              Mr. Krishanu Banik
                                      ... for the Respondents/Claimants.

The appeal is directed against the judgment and award dated August 20, 2013 passed by the Judge, Motor Accident Claims Tribunal, Fast Tract Court-I, Tamluk, Purba Medinipur in MAC Case No.294 of 2011 / 100 of 2013, on a claim under Section 166 of the Motor Vehicle Act, 1988.

The grounds raised by the appellant/Insurance company in the instant appeal are that the Tribunal erred in law by assessing the monthly income of the victim as Rs.6,000/- per month without any cogent evidence, therefore, the Tribunal ought to have assessed monthly income of the deceased Rs.3,000/- notionally.

Mr. Banik, counsel appearing on behalf of the respondents/claimants submits that his clients have already filed a cross-objection before this Hon'ble Court alleging that the Tribunal committed error in law while not granting 40% additional income towards future prospect since the deceased was 28 years old as per P.M. report. Mr. Banik further submits that the Tribunal also committed error in law while granting Rs.9,500/- instead of Rs.70,000/- towards general damages.

Heard the submission of the parties, considering the judgments Smt. Sarla Verma & Ors. Vs. Delhi Transport Corporation & Anr., reported in (2009) 6 SCC 121 and in 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 2011, in a claim under Section 166 of the Motor Vehicles Act, 1988, an amount of Rs.4,000/- per month does not appear to be exorbitant.

Similarly, the claimants are justified in praying for 40% addition on account of 'future prospect' on the income of the deceased. The claimants are also entitled to get Rs.70,000/- instead of Rs.9,500/- towards general damages.

Considering the submissions, I am of the view, the impugned award is required to be modified in the following manner:

Monthly income                            Rs.4,000.00
Yearly income (x 12)                      Rs.48,000.00
After deduction 1/3                       Rs.32,000.00
In addition 40% future prospect           Rs.12,800.00
Annual loss of dependence                 Rs.44,800.00
Multiplier 17                             Rs.7,61,600.00
General damages                           Rs.70,000.00
Total compensation                        Rs.8,31,600.00
Tribunal awarded                          Rs.8,25,500.00
Differential amount                       Rs.6,100.00

The appellant/Insurance company submits that in compliance with the order dated 19.02.2014 passed by this Hon'ble Court, his client has already deposited the entire awarded sum together interest before the Registrar General of this Hon'ble Court and the same has been invested by the Registrar General in a Short Term Auto Renewal Fixed Deposit Account in a nationalized bank. Therefore, considering differential amount of Rs.6,100/-, I am not

inclined to interfere with the compensation as assessed by the Tribunal and direct the Registrar General to disburse the entire deposited sum together with accrued interest thereon pertaining to the instant appeal to the claimants in the same manner and proportion as indicated in the award within four weeks from the date of receipt of formal application and upon proper verification of their identity.

With the aforesaid directions, the instant appeal is disposed of.

COT 54 of 2014:-

By consent of parties, this appeal is treated as on day's list and is taken up for hearing.

In view of disposal of the instant appeal, this COT 54 of 2014 is also disposed of.

Department is directed to tag COT 54 of 2014 with the main appeal.

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.)