Calcutta High Court (Appellete Side)
Smt. Gargi Singh & Ors vs The Oriental Insurance Co. Ltd. & ... on 22 July, 2021
15 22.07.2021 (Via Video Conference)
Sc
F.M.A.T 147 OF 2021
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Smt. Gargi Singh & Ors.
-Vs.-
The Oriental Insurance Co. Ltd. & Anr.
Mr. Subhankar Mandal
...For the Appellants/
Claimants.
Mr. Parimal Kr. Pahari
...For the Respondent/
Insurance Co.
Mr. Mandal counsel is appearing on behalf of the
appellants/claimants and prays for leave to amend the
vakalatnama.
Accordingly, leave is granted, as prayed for.
The appeal is directed against the judgment and
order dated 08-07-2020 passed by the Additional District
& Session Judge -cum- Motor Accident Claims Tribunal,
Fast Track 1st Court, Asansol, District - Paschim
Bardhhaman in M.A.C Case No. 06 of 2016/ M A C 140 of
2016, for a claim under section 166 of the Motor Vehicles
Act, 1988 for the death of one 'Ananda Kumar Singh @
Anand Kumar Singh in a road accident dated 01-07-
2016.
Various points have been raised by the claimants in
the instant appeal challenging the quantum of
compensation. It is submitted on behalf of the appellants
that the annual income of Rs.3,24,654/- of the victim,
considered for by the tribunal was inadequate. Further,
the claimants were not granted any amount under 'future
prospect'. Lastly, claimants pleaded that in view of 4
number of dependents, the deduction for personal
expenses should have been 1/4th of victim's income and
not 1/3rd as deducted by the tribunal. Accordingly, it was
argued that a lesser quantum of compensation has been
wrongfully awarded by the tribunal.
The Insurance Company is represented.
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, I find there is no substance in the
arguments of the appellants for modification of the
annual income. Appellants are justified in praying for
50% addition on account of 'future prospect' on the
income of the deceased. As there were more than 3
dependents, the deduction for personal expenses should
be 1/4th of deceased's income. Accordingly, the impugned
award is modified and recalculated in the manner
referred hereinafter.
Annual income (gross income less tax) Rs 3,24,654/-
Add 40 % future prospects Rs 1,29,862/-
Total income Rs 4,54,516/-
Less personal expenses (1/4th ) Rs 1,13,629/-
Dependency for family Rs 3,40,887/-
Compensation (multiplier 17) Rs 57,95,079/-
Add general damages Rs 70,000/-
Total compensation Rs 58,65,079/-
The claimants acknowledge the receipt of the
awarded amount of Rs.37,49,412/- along with interest.
Accordingly, the balance enhanced sum of
Rs.21,15,667/- would become payable to the appellants
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 30
days from the date of receipt of the bank account
particulars of the appellants.
Counsel for the appellants will forward their bank
account details within a fortnight from date to counsel for
the insurance company. The payment shall be made in
the proportion as decided by the tribunal.
With the aforesaid directions the instant appeal is
disposed of.
In view of 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.
LCR, if any may be returned back to the Court
below.
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.)
