Calcutta High Court (Appellete Side)
Sushil Bayen @ Sushil Bain vs The National Insurance Co. Ltd. & ... on 26 July, 2021
S/L 19
26.7.2021
Court No.26
SD
FMA 671 of 2021
(Via Video Conference)
Sushil Bayen @ Sushil Bain
Vs.
The National Insurance Co. Ltd. & Anr.
Mr. Amit Ranjan Roy
... for the Appellant/Claimant.
Ms. Sucharita Paul
... for the Respondent/Insurance Co.
The instant appeal has been filed by the claimant
against the judgment and award dated February 24, 2016
passed by the learned Judge, Motor Accident Claims
Tribunal, Fast Track Court, Suri, Birbhum, in M.A.C. Case
No.41 of 2014 on a claim under section 166 of the Motor
Vehicles Act, 1988.
The main grievance of the appellant is that the learned
Tribunal had not granted an adequate amount of
compensation on account of permanent disability, pain,
suffering and trauma as a consequence of the injuries, future
medical expenses, loss of amenities, etc. in spite of holding
that the 41 years old injured van rickshaw puller had suffered
100% loss of earning capacity due to the severe injuries
suffered by him in an accident dated 15.09.2010. The
claimant claims that though the Tribunal held the income of
the victim to be Rs.3,000/- per month, yet a lump sum
amount of Rs.3,00,000/- was awarded for the 80% disability
suffered by him as per the Disability Certificate, issued by the
Medical Board, Rampurhat S.D. Hospital. The appellant
further points out that he is also entitled to 25% on account
of future prospects. However, the Tribunal erred in not
allowing the same.
The appellant relies upon the judgments passed by
Hon'ble Supreme Court in the cases of R D Hattangadi
Vs. Pest Control (India) (Pvt) Ltd, reported in (1995) 1
SCC 551, Raj Kumar Vs. Ajay Kumar & Anr., reported
in (2011) 1 SCC 343, Jagdish Vs Mohan & Ors.,
reported in (2018) 4 SCC 571, National Insurance
Company Ltd. Vs. Pranay Sethi & Ors., reported in
(2017) 16 SCC 680, Smt. Sarla Verma & Ors. Vs.
Delhi Transport Corporation & Anr. reported in
(2009) 6 SCC 121.
From the records, it is found that the injured victim
remained admitted at different government hospitals for a
reasonable amount of time. After being discharged from the
hospital, his treatment continued at the OPD department of
Burdwan Medical College and Hospital. Victim had produced
documents in support of his treatment and the said
documents have been marked as exhibits by the learned
Court below. PW2, being the Superintendent of Rampurhat
District Hospital, proved the Disability Certificate, being
exhibit 11, issued by the Medical Board of the said Hospital.
The Insurance Company is represented and opposes
the case made out by the claimants.
The Hon'ble Supreme Court has time and again
observed that "just compensation" should include all
elements that place the victim in as near a position as she or
he was in, before the accident. Though no amount of money
can erase the trauma or the pain and suffering that a victim
undergoes after a serious accident, monetary compensation
is the manner known to law, which assures some measure of
restitution to those who have survived have to face their
lives.
This Court therefore feels that by present standards,
an amount of Rs.50,000/- on account of future medical
expenses, loss of amenities, pain and suffering and loss of
expectation of life, can be granted to the claimant,
considering that he suffered disability to the extent of 80 per
cent.
The Tribunal has given reasons for accepting the
income of the victim to be Rs.3,000/- per month for the
above accident dated 15.09.2010. Since the reasons appear to
be cogent and worthy and also as per the usual practice of
this Court, no interference is called for in such regard.
Accordingly on such basis and after considering the
submissions as advanced by the learned advocates for the
parties, the impugned award is modified and reassessed as
follows:
Particulars Amount (Rs.)
Monthly income 3,000.00
Add 25% future prospect (+) 750.00
3,750.00
x 12
45,000.00
Multiplier of 14 to be used X 14
6,30,000.00
80% loss of earning capacity/disability X 80%
5,04,000.00
Non pecuniary expenses (+) 50,000.00
5,54,000.00
Less: awarded amount (-) 3,00,000.00
Differential amount 2,54,000.00
The claimants acknowledge receipt of the entire
awarded amount of Rs.3,00,000/- along with interest. The
balance amount of Rs.2,54,000/- 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 informal paperbook, handed over by the learned
Advocate for the appellant, be kept on record.
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.)
