Calcutta High Court (Appellete Side)
Smt. Tulsi Dutta & Anr vs The National Insurance Co. Ltd. & ... on 26 July, 2021
S/L 18
26.7.2021
Court No.26
SD
FMA 650 of 2021
(Via Video Conference)
Smt. Tulsi Dutta & Anr.
Vs.
The National Insurance Co. Ltd. & Anr.
Mr. Jayanta Banerjee
... for the Appellants/Claimants.
Mr. Rajesh Singh
... for the Respondents/Insurance Co.
The appeal is directed against the judgment and
award dated March 29, 2019 passed by the learned Judge,
Motor Accident Claims Tribunal, 3rd Court, Nadia,
Krishnagar in M.A.C. Case No.396 of 2015 on a claim under
section 166 of the Motor Vehicles Act, 1988 for death of a 25
years old bachelor, namely, 'Animesh Dutta' in a road
accident dated September 12, 2015.
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 monthly
income of Rs.3,000/- of the victim considered by the learned
Judge was inadequate. Further, the claimants were not
granted any amount under 'future prospect'. Lastly,
claimants plead that they were erroneously given only
Rs.4,500/- instead of Rs.30,000/- under the full component
of 'general damages'. Accordingly, it was argued that a lesser
quantum of compensation has been wrongly awarded by the
Tribunal.
Per contra, counsel appearing on behalf of the
Insurance Company argues that the award is just and
reasonable and there is no further scope of enhancement of
the same.
Considering the judgments of 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 and also following the precedence of
this Court on the point of monthly income, I find substance
in the arguments of the appellants. For the year 2015, in a
claim under Section 166 of the Motor Vehicles Act, 1988, an
amount of Rs.5,000/- per months does not appear to be
exorbitant. Appellants are justified in praying for 40%
addition on account of 'future prospect' on the income of the
deceased and they should also get Rs.30,000/- under
collective heads of general damages. Accordingly, the
impugned award is modified and recalculated in the manner
referred hereinafter.
Particulars Amount (Rs.)
Monthly income 5,000.00
Annual Income 60,000.00
Less 50% for personal expenses (Rs.30,000/-) 30,000.00
Add 40% future prospect (Rs.12,000/-) 42,000.00
Multiplier '18' 7,56,000.00
Add 'General Damages' 30,000.00
Total principal compensation 7,86,000.00
Less - awarded by Tribunal & paid by insurer 3,28,500.00
Balance (enhancement) 4,57,500.00
The claimants acknowledge receipt of the awarded
amount of Rs.3,28,500/- along with interest. Accordingly,
the balance enhanced sum of Rs.4,57,500/- 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.)
