Calcutta High Court (Appellete Side)
Basanti Maity & Ors vs The National Insurance Co. Ltd. & ... on 22 July, 2021
14 22.07.2021 (Via Video Conference)
Sc
F.M.A.T 24 OF 2020
with
I.A. No. CAN 1 OF 2020
(Old No. CAN 301 of 2020)
--------------
Basanti Maity & Ors.
-Vs.-
The National Insurance Co. Ltd. & Anr.
Mr. Jayanta Banerjee
...For the Appellants/
Claimants.
Mr. Sanjay Paul
...For the Respondent/
Insurance Co.
I.A. No. CAN 1 of 2020
(Old No.CAN 301 of 2020)
---------------
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.
F.M.A.T 24 OF 2020
By consent of the parties, the instant appeal is
treated as on day's list and is taken up for hearing.
The appeal is directed against the judgment and
award dated September 11, 2019 passed by the learned
Additional District and Sessions Judge, Motor Accident
Claims Tribunal, 3rd Court, Tamluk, Purba Medinipur in
Motor Accident Claim Case No. 22 of 2017.
The facts of the case are not in dispute.
The claim application has been 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 as to be the income
of the victim. While it is true that there is no clear
evidence of the claim made before the tribunal of
Rs.2,00,000/- per annum as to be the income of the
victim. This Court, as per the practice followed, has
considered the income of the deceased as Rs.4,000/- per
month. The tribunal has not considered the future
prospect of the deceased. It also appears that towards
general damages, the tribunal has awarded only a sum
of Rs.4,500/- instead of Rs.70,000/-.
Counsel appearing on behalf of the parties
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.
Accordingly, the impugned award is modified and
recalculated in the manner referred hereinafter :
Particulars Amount (Rs.)
Monthly Income = Rs.4,000/-
Add 25% future prospect Rs.1,000/-
-----------------
Rs.5,000/-
Annual Income (X 12) Rs.60,000/-
Less 1/3rd for personal expenses Rs.20,000/-
-----------------
Rs.40,000/-
Multiplier (13) - Rs.40,000/-X 13 Rs.5,20,000/-
Add General Damages Rs.70,000/-
------------------
Rs.5,90,000/-
Less - awarded amount already
paid by the insurer Rs.3,16,500/-
-------------------
Enhanced Principal Amount Rs.2,73,500/-
Since the entire amount that has been awarded by
the tribunal has been paid by the Insurance Company,
the differential amount which comes to Rs.2,73,500/-
shall be paid to the appellants/claimants within 45 days
of receipt of the particulars of their bank accounts to be
supplied by the counsel to the counsel for the Insurance
Company.
Enhanced principal amount i.e., Rs.2,73,500/-
shall carry interest @6% per annum from the date of filing
of the claim application till the date of actual payment.
It is made clear that the payments shall be made by
NEFT/RTGS in the proportion as has been directed by
the tribunal.
With the aforesaid directions the instant appeal is
disposed of.
LCR, if any may be returned back to the Court
below.
In view of the 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.
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.)
