Calcutta High Court (Appellete Side)
Shefali Pal & Ors vs The National Insurance Co. Ltd. & ... on 20 July, 2021
20.07.2021
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( Via Video Conference )
F.M.A.T. 280 of 2019
I.A. CAN 1 of 2019 (old No.CAN 8956 of 2019)
Shefali Pal & ors.
Vs.
The National Insurance Co. Ltd. & anr.
Mr. Jayanta Banerjee
...For the Appellants/claimants
Mr. Parimal Kumar Pahari
... For the respondent/Insurance Co.
I.A. CAN 1 of 2019 (old No. CAN 8956 of 2019)
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.
The application for condonation of delay is, thus,
disposed of.
FMAT 280 of 2019
By consent of the parties, the instant appeal is
treated as on day's list and is taken up for hearing.
The department is directed to register the instant
appeal immediately.
The appeal is directed against the judgment and
award dated 28th day of September, 2018 passed by
learned Judge, Motor Accident Claims Tribunal, 3rd Fast
Track Court, Krishnagar, Nadia in M.A.C Case No. 237 of
2015 (R. No. 136 of 2015).
The facts of the case are not in dispute.
The claim petition was filed under Section 166 of
the Motor Vehicles Act, 1988. The only issue is with
regard to the monthly income of the deceased that was
taken as Rs.3,000/- per month. While it is true that
there is no clear evidence of the claim made before the
Tribunal of Rs.5,000/- per month as to be the income of
the victim, this Court as per the practice followed has
considered the income of the deceased is Rs.5,000/- per
month.
Learned Advocates for the appellants and also the
Insurance Company submitted that the claimants are
entitled to get compensation in view of the law as laid
down in 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.
Considering the above submissions, the award
passed by the learned Tribunal is modified and
recalculated as follows :
Particulars Amount (Rs.)
Monthly Income Rs.5,000/-
Add: 40% future prospects Rs.2,000/-
Rs.7,000/-
Annual Income (Rs.7000x 12) Rs.84,000/-
Less : 1/3rd for personal expenses Rs.28,000/-
Rs.56,000/-
Multiplier '18' (Rs.56,000X18) Rs.10,08,000/-
Add 'General Damages' Rs.70,000/-
Rs.10,78,000/-
LESS - awarded amount already
Paid Rs.6,74,800/-
Enhanced principal amount Rs.4,03,200/-
Since the entire amount that has been awarded
by the learned Tribunal has been paid by the Insurance
Company, the differential amount which comes to
Rs.4,03,200/- shall be paid to the appellants along with
interest @ 6% per annum from the date of filing of the
claim petition till the date of actual payment within a
period of 45 days from the date of receipt of the bank
account particulars of the appellants. Learned Advocate
for the appellants will forward the bank account details of
the said appellants within a fortnight from date to the
learned Advocate for the Insurance Company.
It is made clear that the payments shall be made
by NEFT/RTGS in the proportion as ordered by the
Tribunal.
With the aforesaid directions, the instant appeal is
disposed of.
There will be no order as to costs.
In view of the disposal of this appeal, connected
applications, if any, are also disposed of.
LCR, if any, may be returned back to the Court
below.
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.)
