Calcutta High Court (Appellete Side)
National Insurance Company ... vs Smt. Durga Patra & Ors on 20 July, 2021
S/L No.8 (Through Video Conference)
20.07.2021 FMAT 151 of 2021
Ct-26 With
(AD) IA No.: CAN 1 of 2021
(Application is not in the file)
National Insurance Company Limited
vs.
Smt. Durga Patra & Ors.
Ms. Sucharita Paul
... for the appellant.
Mr. Jitendra Nath Pal
... for the respondents/claimants.
On the oral prayer of the parties, the delay, if any, in
filing the above appeal is condoned.
The appeal of Insurance Company is directed against
the judgement and award dated February 25, 2020 passed
by Learned Judge, Motor Accident Claims Tribunal, 6th
Court, Alipore, South 24 Parganas in M.A.C. Case No. 13 of
2016 on a claim under section 163A of the Motor Vehicles
Act, 1988.
The appellant insurance company submits that the
Learned Court below had erroneously awarded a total sum
of Rs.5,00,000/- (Rupees five lakhs), considering the
amendment dated May 22, 2018 of Section 163A of the
Motor Vehicles Act, 1988. Insurer argues that since the
accident took place on 28.12.2014, i.e. before amendment,
the award should have been assessed in accordance with
pre amended second schedule under section 163A of the
said Act. Insurance Company relies upon the judgment
passed in the case of Ramkhiladi & Anr. -Vs- United India
Insurance Company Limited & Another, reported in 2020 (2)
SCC 550 in support of its contention.
The learned Advocate, appearing on behalf of
claimants/respondents, submits that the learned Tribunal
was correct in awarding Rs.5,00,000/- (Rupees five lakhs)
and the amount need not be modified.
This Court, however, finds substance in the
arguments made by the Insurance Company.
Accordingly, the impugned award is modified and
recalculated as follows:
Particulars Amount (Rs.)
Yearly income (Rs.3,300/- p.m. x 12) 39,600.00
Less: 1/3rd personal expenses - 13,200.00
26,400.00
Multiplier of 8 to be used ______(x) 8
2,11,200.00
Collective heads of General Damages (+) 9,500.00
Total 2,20,700.00
The total amount of Rs.2,20,700/- would become
payable to the claimants together with interest assessed @
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 claimants.
Advocate for the claimants will forward the bank account
details of the said claimants within a fortnight from date to
Advocate for the appellant insurance company. The
payment shall be made in the proportion decided by the
Court below.
It is submitted by the Insurance Company that they
have deposited a sum of Rs.25,000/- (Rupees twenty five
thousand only) with the Registrar General of this Court in
aid of this appeal.
Upon payment of the sum indicated hereinabove into
the Bank Accounts of the claimants/respondents, the
Insurance Company shall be entitled to claim refund of the
aforesaid sum of Rs.25,000/- (Rupees twenty five thousand
only) together with any accrued interest from the Registrar
General of this Court.
In view of the above order and upon payment being
made by the insurer to the claimants, the execution case, if
any, filed in connection with the award and judgement
dated 25.02.2020, would remain permanently stayed.
With the aforesaid directions, the instant appeal is
disposed of.
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.)
