Calcutta High Court (Appellete Side)
Smt. Rekha Sahu & Ors vs New India Assurance Company Ltd. & ... on 26 July, 2021
3 26.07.2021 (Via Video Conference)
Sc
F.M.A.T. 573 of 2011
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Smt. Rekha Sahu & Ors.
Vs.
New India Assurance Company Ltd. & Anr.
Mr. Jayanta Kumar Mandal
...For the Appellants/
Claimants.
Mr. Sanjay Paul
...For the Respondent/
Insurance Company.
Learned advocate for appellants/claimants submits
that the delay in preferring the appeal may be condoned
on the oral prayer of the parties since there is merit in the
instant appeal.
Accordingly the delay is condoned.
This appeal is directed against the Judgment and
award dated January 14, 2011 passed by the learned
Motor Accident Claims Tribunal, 2nd A.D.J., at Barasat in
MAC Case No. 58 of 2010.
Mr. Mandal, learned advocate for the appellants/
claimants submits that the tribunal is not just while
applying appropriate multiplier since the deceased was 51
years old as per service record. According to him the
tribunal is also not just while granting Rs.9,500/ instead
of Rs.70,000/ towards general damages. He also submits
that the tribunal is not just while not granting 15%
additional income towards future prospect since the
victim was aged about 51 years and was engaged in
permanent employment in view of the judgment of
Salara Verma reported in 2009 TAC ( 2 ) 677 SC :
2009 (3) WBLR (SC) 700 and National Insurance
Company Ltd. Vs. Pranay Sethi & Ors., reported in
(2017) 16 SCC 680.
Mr. Mandal also submits that the tribunal also
erred in not awarding the interest over the entire
compensation amount from the date of filing of the claim
application till payment.
In reply Mr. Paul, learned advocate for the
respondent/insurance company submits that the award
passed by the tribunal is absolutely just and there is no
scope of interference and/or modification of the award.
Heard the submissions of the parties. Considering
the ratio as decided in Sarala Verma (supra) as well as
Pranay Sethi (supra), the award passed by the tribunal
is modified and recalculated as follows :
Particulars Amount (Rs.)
Annual income 1,84,728.00
[15394 X 12]
Less: 1/3rd personal expenses ( -) 61,576.00
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1,23,152.00
Add 15% future prospect (+)18,472.00
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1,41,624.00
Multiplier of 11 to be used
(x) 11 15,57,864.00
Collective heads of General
Damages (+) 70,000.00
16,27,864.00
Less: Awarded amount (-)11,69,219.00
Differential amount 4,58,645.00
The appellants/claimants acknowledge the receipt
of the awarded amount of Rs.11,69,219/- in terms of the
direction of the tribunal. Accordingly, the balance
enhanced sum of Rs.4,58,645/- would become payable to
the appellants/claimants by the Insurance Company,
together with interest assessed at the rate of 6% per
annum on and from the date of filing of the claim
application within a period of 45 days from the date of
receipt of the bank account particulars of the
appellants/claimants.
Mr. Mandal acknowledges that his clients have
received only awarded sum of Rs.11,69,219/ but no
amount towards interest was deposited by the insurance
company. In reply Mr. Paul submits that he has no
instruction regarding non deposit of interest as granted
by the tribunal.
Be that as it may, the insurance company is
directed to pay the interest @6% p.a. on the awarded sum
of Rs.11,69,219/ from date of filing of the claim
application till date of deposit of such amount before the
tribunal, if not paid earlier.
Learned advocate for the appellants/claimants will
forward the bank account details of the
appellants/claimants within a fortnight from date to the
learned advocate for the 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.
In view of the disposal of this appeal, connected
applications, if any, are also disposed of. The department
concerned is directed to tag the applications, if any, with
the main appeal.
There will be no order as to costs.
LCR, if any, may be returned back to the court
below.
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.)
