Calcutta High Court (Appellete Side)
Smt. Asha Gorai & Ors vs National Insurance Co. Ltd. & Anr on 26 July, 2021
S/L 13
26.7.2021
Court No.26
AD
FMA 433 of 2019
(Via Video Conference)
Smt. Asha Gorai & Ors.
Vs.
National Insurance Co. Ltd. & Anr.
Mr. Jayanta Mondal
... for the Appellants/Claimants.
Ms. Sucharita Paul
... for the Respondent/Insurance Company.
The above appeal has been filed by the claimants against
the judgement and award dated 10th April, 2018, passed by the
Learned Judge, Special Court Cum-Additional District Judge &
Judge, Motor Accident Claims Tribunal, Durgapur, Burdwan, in
M.A.C. Case No.33 of 2013 (198/11) on a claim under section
166 of the Motor Vehicles Act, 1988.
The appellants rely on the dictum in Nagappa -Vs.-Guru
Dayal Singh & Ors, reported in [2003] 2 SCC 274 and submit
that the learned Court below erred in not awarding 'just
compensation' to the claimants/appellants. Since the claimants
had claimed a sum of Rs.29,00,000/- in their claim application,
the learned Tribunal had erroneously restricted the award to Rs.
29,00,000/- only, in spite of assessing an amount of Rs.
42,14,535/- as the total compensation. It is further submitted that
considering 4 nos. of dependents, the deduction on account of
personal expenses should have been 1/4th instead of 1/3rd in view
of the law as it stands now after the judgments delivered by the
Hon'ble Supreme Court in the case of Smt. Sarla Verma & Ors.
Vs. Delhi Transport Corporation & Anr., reported in (2009) 6
SCC 121.
Mrs. Paul, the Ld. Advocate appearing on behalf of the
Insurance Company submits that the correct multiplier in the
instant case should be 15 instead of 16, as adopted by the learned
Court below, in view of the Sarla Verma (supra) and amount
granted under the collective heads of general damages should
have been restricted to Rs.70,000/- only, in view of the
judgement passed by Hon'ble Supreme Court in the case of
National Insurance Company Ltd. Vs. Pranay Sethi & Ors.,
reported in (2017) 16 SCC 680.
This Court finds substance in the arguments made by both
the parties. Accordingly, the impugned award is modified and
reassessed as follows:
Particulars Amount (Rs.)
Annual income 2,69,500.00
Less: 1/4th personal expenses (-) 67,375.00
2,02,125.00
Add 40% future prospect (+)80,850.00
2,82,975.00
Multiplier of 15 to be used (x) 15
42,44,625.00
Collective heads of General Damages (+) 70,000.00
43,14,625.00
Less: Awarded amount (-) 29,00,000.00
Differential amount 14,14,625.00
The claimants acknowledge receipt of the entire awarded
amount of Rs.29,00,000/- along with interest. The balance
amount of Rs. 14,14,625/- 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 concerned Department is directed to tag the
applications, if any, with the main appeal.
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.)
