Calcutta High Court (Appellete Side)
Mira Nandi & Anr vs The National Insurance Co. Ltd. & ... on 26 July, 2021
08 26.07.2021
Ct. 26 (Via Video Conference)
SA/tbsr
FMAT 748 of 2017
with
I.A. No. CAN 1 OF 2017
(Old No. CAN 7592 of 2017)
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Mira Nandi & Anr.
-Vs.-
The National Insurance Co. Ltd. & Anr.
Mr. Amit Ranjan Roy
...For the Appellants/
Claimants.
Mr. M.P. Chakraborty
...For the Respondent/
Insurance Co.
I.A. No. CAN 1 of 2017
(Old No. CAN 7592 of 2017)
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 2017 (Old CAN 7592 of 2017) is disposed
of.
F.M.A.T 748 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 August 22, 2016 passed by the learned
Additional District Judge, Motor Accident Claims Tribunal
3rd Court, Nadia, Krishnagar in Motor Accident Claim
Case No. 146 of 2014.
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. Counsel appearing on behalf of
the appellants/claimants submitted that
appellants/claimants were not granted any amount
under heading "Future Prospect". Lastly, the
claimants/appellants were granted only Rs. 2000/- as
"General Damages" against their lawful entitlement of
Rs. 30,000/-. Accordingly, it was argued that a lesser
quantum of compensation has been awarded by the
Tribunal.
Learned advocate appeared on behalf of the
respondent/Insurance Company argued that there is no
scope of interference of the appellate court at this stage
and also submit that tribunal should use multiplier 17
instead of 18 as used in the award.
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, and also following the precedence of
this Court on the point of future prospect and general
damages.
This court is also of the view that addition 40%
prayed for by the appellants/claimants, on account of
'future prospect' on the income of the deceased is justified
along with the general damages of Rs. 30,000/- instead of
Rs. 2000/- as granted by the tribunal and the correct
multiplier is 17 in respect of age of the deceased i.e. 28
years instead of 18 as chosen by tribunal in the award.
In view of the above observation, the impugned
award is thus modified to that extent and the
claimants/appellants are found entitled to a total amount
of Rs. 4,58,400/- together with interest thereon at the
rate of 6% per annum from the date lodgment of claim
application till the date of receipt of payment.
Accordingly, the impugned award is modified and
recalculated in the manner referred hereinafter :
Particulars Amount (Rs.)
Monthly Income = Rs.3,000/-
Yearly Income(x12) Rs.36,000/-
After deduction 1/2 Rs.18,000/-
In addition 40% future prospect Rs.7,200/-
(18000x40%)
Total annual loss of income Rs. 25,200/-
Age 28 Multiplier 17 Rs.4,28,400/-
(25,200x17)
General Damages Rs.30,000/-
Total Compensation Rs.4,58,400/-
Tribunal awarded Rs.3,26,000/-
Payable Rs.1,32,400/-
The appellants/claimants acknowledge the receipt
of sum of the entire awarded amount of Rs. 3,26,000/-
along with interest. The balance sum of Rs. 1,32,400
would become payable to the appellants/claimants
together with interest assessed at the rate of 6 per
centum from the date of filing of the claim application till
the date of payment within 45 days from the date of
receipt of the bank account particulars of the
appellants/claimants, peremptorily. Learned 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 by the
respondent/Insurance Company to the
appellants/claimants in the same manner and
proportionate as indicated in the tribunal award.
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.)
