Calcutta High Court (Appellete Side)
Smt. Bijaya Khilari & Ors vs The National Insurance Co. Ltd. & ... on 22 July, 2021
S/L 12
22.7.2021
Court No.26
AD
FMAT 500 of 2019
With
IA No.: CAN 1 of 2019 (Old No.: CAN 12574 of 2019)
(Via Video Conference)
Smt. Bijaya Khilari & Ors.
Vs.
The National Insurance Co. Ltd. & Anr.
Mr. Jayanta Banerjee
... for the Appellants/Claimants.
Mr. Sanjay Paul
... for the Respondent/Insurance Co.
IA No.: CAN 1 of 2019 (Old No.: CAN 12574 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
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.
The application for condonation of delay is, thus,
disposed of.
FMAT 500 of 2019
The appeal is directed against the judgment and award
dated 10th October 2018, passed by the Additional District
Judge, Motor Accident Claims Tribunal, 6th Court, Paschim
Medinipur in M.A.C. Case No. 189 of 2016.
The facts of the case are not in dispute.
The claim petition was filed under Section 166 of the
Motor Vehicles Act, 1988. The learned Advocate for the
appellants/claimants submit that the learned Tribunal committed
error in law while not granting 40% additional income towards
future prospect since the deceased was engaged in an unstable
job and was 32 years old at the time of accident.
The learned Advocate for the appellants 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.
In reply, Mr. Paul, learned Advocate for the Insurance
Company submits that the learned Tribunal committed error in
law while assessing monthly income of the deceased Rs.6,000/-
since the claimants failed to prove the income of the deceased by
producing any cogent evidence.
Heard the parties. It is evident that to prove the income
of the deceased, the claimants produced the employer of the
deceased, PW-3, but that was insufficient to assess monthly
income of the deceased as Rs.7,500/- but Rs.6,000/- is not so
exorbitant since the deceased was maintaining his family
consisting of 5 dependants. Therefore, the monthly income of
the deceased Rs.6,000/- as assessed by the tribunal is found just
and reasonable.
Considering the above, the award passed by the Tribunal
below is modified and recalculated as follows:
Particulars Amount (Rs.)
Monthly Income Rs.6,000/-
Add: Future prospect 40% Rs.2,400/-
Rs.8,400/-
Annual Income (X 12) Rs.1,00,800/-
th
Less: 1/4 for personal expenses Rs. 25,200/-
Rs.75,600/-
Multiplier(16)- Rs.75,600 x 16 Rs.12,09,600/-
Add: General Damages Rs.70,000/-
Rs. 12,79,600/-
Less: Awarded amount already paid Rs. 9,64,000/-
Enhanced Principal amount Rs.3,15,600/-
The claimants acknowledge receipt of the awarded
amount of Rs.9,64,000/- in terms of the direction of the
Tribunal. Accordingly, the balance enhanced sum of
Rs.3,15,600/- would become payable to the appellants by the
Insurance Company 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 appellants.
Mr. Banerjee acknowledges that his clients have received
only awarded sum of Rs.9,64,000/- but no amount towards
interest, as granted by the Tribunal, was deposited by the
insurance company.
In reply, Mr. Paul submits that he has no instruction
regarding non-deposit of interest as granted by the Tribunal.
Be that as it may, the Insurance Company is directed to
pay the interest @ 6 % p.a. on the awarded sum of Rs.9,64,000/-
from date of claim application till date deposit of such amount
before the Tribunal, if not paid earlier.
Learned counsel for the appellants will forward the bank
account details of the appellants within a fortnight from date to
the learned counsel for the Insurance Company. The payment
shall be made in the proportion decided by the Court below.
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 concerned Department is directed to tag the
applications, if any, with the main appeal.
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.)
