Calcutta High Court (Appellete Side)
Kalyani Biswas & Ors vs The National Insurance Co. Ltd. & ... on 26 July, 2021
09 26.07.2021
Ct. 26 (Via Video Conference)
SA/tbsr
FMAT 1365 of 2017
with
I.A. No. CAN 1 OF 2021
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Kalyani Biswas & Ors.
-Vs.-
The National Insurance Co. Ltd. & Anr.
Mr. Rajdeep Bhattacharya
...For the Appellants/
Claimants.
Ms. Sucharita Paul
...For the Respondent/
Insurance Co.
I.A. No. CAN 1 of 2021
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 stands allowed.
CAN 1 of 2021 is disposed of.
F.M.A.T 1365 of 2017
By consent of the parties, the instant appeal is
treated as on day's list and is taken up for hearing.
The appeal is directed against the judgment and
award dated April 15, 2016 passed by the learned
Additional District Judge, 2nd Court at Barasat, North 24-
Parganas in Motor Accident Claim Case No. 767 of 2014.
The claim application has been filed under Section
166 of the Motor Vehicles Act, 1988.
The appellants/claimants submit that the
appellants/claimants are entitled to 30% Future
Prospects of the deceased. The claimants/appellants
further submit that they are also entitled to 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 Limited Vs.
Pranay Sethi & Ors., reported in (2017) 16 SCC 680.
Learned advocate appearing on behalf of the
respondent/Insurance Company argued that the correct
multiplier in the instant case should be 14 instead of 15,
as adopted by the learned court below, 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.
Accordingly, the impugned award is modified and
recalculated in the manner referred hereinafter :
Particulars Amount (Rs.)
Monthly Income Rs.18,084.00
Add 30% future prospect (+) 5,425.00(rounded of)
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23,509.00
X12
2,82,108.00
less:1/3rd personal expenses (-) 94,036.00
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1,88,072.00
Multiplier of 14 to be used (x) 14
----------------
26,33,008.00
Collective heads of General Damages (+) 70,000.00
----------------
27,03,008.00
Less: Awarded amount (-)21,74,580.00
------------------
Differential Amount 5,28,428.00
The appellants/claimants acknowledge the receipt
of the entire amount of Rs. 21,74,580/- along with
interest. The balance amount of Rs. 5,28,428/- would
become payable to the appellants/claimants by the
respondent/Insurance Company together with interest
assessed at the rate of 6% 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
appellants/claimants. Learned advocate for the
appellants/claimants will forward the bank account
details of the appellants/claimants within a fortnight
from date to the advocate for the respondent/Insurance
Company. The payment shall be made in the manner
and proportion decided by the court below.
With the aforesaid directions the instant appeal is
disposed of.
LCR, if any may be returned back to the Court
below.
In view of the disposal of this appeal, connected
application, if any, is also disposed of.
There shall be no order as to costs.
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.)
