Calcutta High Court (Appellete Side)
Belu Bewa & Ors vs National Insurance Co. Ltd. & Anr on 22 July, 2021
S/L 1
22.7.2021
Court No.26
SD
FMAT 1048 of 2013
With
CAN 1 of 2020
(Old CAN 1045 of 2020)
(Application is not in the file)
(Via Video Conference)
Belu Bewa & Ors.
Vs.
National Insurance Co. Ltd. & Anr.
Mr. Jayanta Banerjee
... for the Appellants/Claimants.
Ms. Sucharita Paul
... for the Respondents/Insurance Co.
CAN 1 of 2020 (Old CAN 1045 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
being CAN 1 of 2020 (Old CAN 1045 of 2020) stands
allowed.
F.M.A.T. 1048 of 2013:-
The above appeal has been filed by the claimants
against the judgement and award dated September 11, 2012,
passed by the Member, Motor Accident Claims Tribunal,
Additional District Judge, 1st Court, Nadia in M.A.C. Case
No.27 of 2004 on a claim under section 166 of the Motor
Vehicles Act, 1988.
The appellants submit that the claimants are entitled
to 25% future prospects on the income of the deceased and a
total sum of Rs.70,000/- under the collective heads of
general damages, in view of the law as it stands now after the
judgments delivered by the Hon'ble Supreme Court in the
case of National Insurance Company Ltd. Vs.
Pranay Sethi & Ors., reported in (2017) 16 SCC 680.
The appellants further submit that considering 7 nos. of
dependents, the deductions on account of personal expenses
of the victim should have been 1/5th instead of 1/3rd, in view
of the judgment passed by Hon'ble Supreme Court in the
case of Smt. Sarla Verma & Ors. Vs. Delhi Transport
Corporation & Anr., reported in (2009) 6 SCC 121.
The Insurance Company is represented.
Accordingly, after considering the submissions of
counsel appearing on behalf of the parties, the impugned
award is modified and reassessed as follows:
Particulars Amount (Rs.)
Monthly income 4,000.00
Add 25% future prospect (+)1,000.00
5,000.00
X 12
60,000.00
Less: 1/5th personal expenses (-) 12,000.00
48,000.00
Multiplier of 13 to be used (x) 13
6,24,000.00
Collective heads of General Damages (+) 70,000.00
6,94,000.00
Less: Awarded amount (-) 4,25,500.00
Differential amount 2,68,500.00
The claimants acknowledge receipt of the entire
awarded amount of Rs.4,25,500/- along with interest. The
balance amount of Rs.2,68,500/- would become payable to
the claimants by the Insurance Company together with
interest assessed @ 6 per cent per annum, 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 claimants within a fortnight from date
to the Advocate 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 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.)
