Pushpa Rani Das vs The National Insurance Co. Ltd. & ...
2021 Latest Caselaw 3933 Cal

S/L 21
26.7.2021
Court No.26
SD
                                   FMA 675 of 2021
                                           With
                                     CAN 1 of 2018
                               (Old CAN 8783 of 2018)
                                (Application is not in the file)
                             (Via Video Conference)

                                   Pushpa Rani Das
                                          Vs.
                         The National Insurance Co. Ltd. & Anr.

              Mr. Amit Ranjan Roy
                                         ... for the Appellant/Claimant.
              Mr. Rajdeep Bhattacharya
                                   ... for the Respondent/Insurance Co.

The instant appeal has been filed by the claimant against the judgment and award dated January 4, 2018 passed by the learned Additional District Judge, Motor Accident Claims Tribunal, Fast Track Court-II, Tamluk, Purba Medinipur, in M.A.C. Case No.107 of 2014 on a claim under section 166 of the Motor Vehicles Act, 1988 in respect of the accident that took place on 4th March, 2014.

The appellant submits that the instant claim application has been filed thereby praying compensation for the injury suffered in the accident; the appellant was a poor business woman and is suffering due to the accident at the age of 54 years. The appellant submits that she used to earn Rs.5000/- per month but did not adduce any evidence in support. Counsel on behalf of the appellant further submits that appellant received severe injuries all over the body and appeared before the medical board after medical examination, the Haldia sub divisional hospital issued the disablement certificate to an extent of 45% disabled person but the Tribunal did not considered the same in award.

Mr. Bhattacharya opposed the submission of Mr. Roy and insists the court not to interfere with the award under challenge at this stage and also submits that the driver of the

offending vehicle was not with a valid driving license at the time of accident and at this juncture the Tribunal has given liberty to the insurance company to realize the awarded amount from the owner of offending vehicle.

Heard the submission of the parties.

It appears from the award that Tribunal has not considered the disablement certificate and the percentage of disability. Tribunal has considered the total amount of Rs.29,000/- under heading the medical bill of Rs.16,000/- , one month loss of income Rs.3,000/- and Rs.10000/- for pain suffering. According to Mr. Roy, the amount of compensation passed by the Tribunal is inadequate.

Income of the victim cannot be ignored; accident took place on 4th March 2014, for the year of 2014, in a claim under section 166 of the act 1988, the amount of Rs.4,000/- per month does not appear to be exorbitant.

Appellant relies upon the following judgments of the Apex court:-

(1995) 1 SCC 551 R D Hattangadi vs Pest control (India) (2011)1SCC 343 Raj Kumar vs Ajoy Kumar ( 2018) 4 SCC 571 Jagdish vs Mohan & ors 2017) 16 SCC 680 National Insurance company limited vs Pranay sethi.

(2009) 6 SCC 121Sarala Verma & Ors vs Delhi Transport corporation.

This court is of the view that the disablement certificate is required to be considered in respect of the income of the victim along with Rs.50,000/- more on account of non pecuniary damages.

In view of the above observation and after considering the submission as advanced by the parties, the impugned

award is thus modified and reassessed in the following manner:

Monthly income                              Rs.4000.00
Yearly income (x 12)                        Rs.48000.00
Add future prospect 10%                     Rs.4800.00
Total                                       Rs.52800.00
45% disablement                             Rs.23760.00(52800 x45%)
Age 54 Multiplier 11                        Rs.2,61,360.00
Pecuniary loss adding Rs.50000/- for
pain suffering                              Rs.50,000.00
Medical bill                                Rs.16,000.00
Total compensation                          Rs.3,27,360.00
Tribunal awarded                            Rs.29,000.00
Compensation payable                        Rs.2,98,360.00

The appellant acknowledges receipt of the entire awarded amount of Rs.29,000/-along with interest from the tribunal. The balance sum of Rs.2,98,360/- would become payable to the appellant together with interest assessed at the rate of 6% per centum from the date of lodgment of the claim application till payment.

The insurance company is directed to pay Rs.2,98,360/- together with interest @ 6 per centum on and from the date of lodgment of the claim application till the date of payment to the appellant's bank account within period of 45 days from date of received of bank details and liberty granted to insurance to realize the awarded amount, after payment to appellant, from the owner of the offending vehicle for violation section of 149(2) of the Act 1988 where the driver was not with a valid driving license.

The Advocate for the appellant would forward the bank account details within fortnight from date to the learned Advocate of the Insurance Company.

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.)