Calcutta High Court (Appellete Side)
Susweta Maiti & Ors vs The National Insurance Co. Ltd. & ... on 26 July, 2021
07 26.07.2021
Ct. 26 (Via Video Conference)
SA/tbsr
FMAT 67 of 2016
with
I.A. No. CAN 1 OF 2020
(Old No. CAN 420 of 2020)
--------------
Susweta Maiti & Ors.
-Vs.-
The National Insurance Co. Ltd. & Anr.
Mr. Jayanta Banerjee
...For the Appellants/
Claimants.
Mr. Rajesh Singh
...For the Respondent/
Insurance Co.
I.A. No. CAN 1 of 2020
(Old No. CAN 420 of 2020)
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 2020 (Old CAN 420 of 2020) is disposed
of.
F.M.A.T 67 OF 2016
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 June 26, 2015 passed by the learned
Additional District and Sessions Judge, Motor Accident
Claims Tribunal Judge, 2nd Court, Tamluk, Purba
Medinipur in Motor Accident Claim Case No. 71 of 2014
(MAC Case No. 199 of 2014).
The facts of the case are not in dispute.
The claim application has been filed under Section
166 of the Motor Vehicles Act, 1988.
The appellants/claimants have raised two points
in the instant appeal while challenging the quantum of
compensation. It is submitted on behalf of the
appellants that the Learned Judge committed error in
granting a consolidated amount of Rs. 50,000/- under
'future prospect'. The appellants/claimants also pleaded
that they were erroneously given only Rs. 5,000/- under
the full component of 'general damages'. Accordingly, it
was argued that a lesser quantum of compensation has
been wrongfully awarded by the Tribunal.
Per contra, the learned advocate representing the
Insurance Company argues that the award is just and
reasonable and there is no further scope of enhancement
of the same.
Considering the judgements 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, I find substance in the arguments of
the appellants/claimants. The appellants/claimants are
justified in praying for 25% addition on account of 'future
prospect' on the income of the deceased and they should
also get Rs. 70,000/- under collective heads of general
damages.
Accordingly, the impugned award is modified and
recalculated in the manner referred hereinafter :
Particulars Amount (Rs.)
Monthly Income = Rs.4,400/-
Annual Income Rs.52,800/-
Less 1/3rd for personal expenses
(Rs. 17,600/-) Rs.35,200/-
Add 25% future prospect(Rs.8,800/-) Rs.44,000/-
Multiplier '13' Rs.5,72,000/-
Add 'General Damages' Rs.70,000/-
TOTAL Principal Compensation Rs.6,42,000/-
Less - awarded by Tribunal and
paid by the insurer Rs.5,12,600/-
-------------------
Balance (enhancement) Rs.1,29,400/-
The appellants/claimants acknowledge the receipt
of the awarded amount of Rs. 5,12,600/- along with
interest. Accordingly, the balance enhanced sum of Rs.
1,29,400 would become payable to the
appellants/claimants by the respondent/Insurance
Company, together with interest assessed at the rate of 6
per cent per annum on and 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. Advocate for the
appellants/claimants will forward the bank account
details of the appellants/claimants within a fortnight
from date to advocate for the respondent/Insurance
Company. The payment shall be made in the proportion
as 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. The department
concerned is directed to tag the application, if any, with
the main appeal.
There will 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.)
