Calcutta High Court (Appellete Side)
Shyama Mondal & Anr vs Unknown on 28 July, 2021
28.07.2021
jks ( via Video Conference)
9 FMA 950 of 2009
with
CAN 2 of 2010(Old No. CAN4710 of 2010)
(The application is not in the file)
In the matter of: Shyama Mondal & Anr.
... appellants
Mr. Krishanu Banik
... for the appellants
Mr. M. P. Chakraborty
...For the respondents/insurance company
The appeal is directed against the judgment
and award dated 30th May, 2008 passed by the
learned Judge, Motor Accident Claims Tribunal, 3rd
Court, Howrah in M.A.C Case No.184 of 2005 for a
claim under Section 166 of the Motor Vehicle Act,
1988.
The points raised by the appellant/claimant
being victims of a motor accident are as follows:-
i) That the Tribunal did not consider the
actual income of the victim deceased.
ii) That the Tribunal did consider the
future prospect of the victim deceased.
iii) That the Tribunal did use the correct
multiplier as per age of the victim
deceased.
iv) That the Tribunal did not grant the
adequate compensation on the heads of
general damages i.e. a) loss of
consortium b) loss of funeral expenses
and c) loss of estate.
v) That the Tribunal did not grant the
interest @ 6 % per annum on the just
compensation from the date of filing of
the claims application till the date of
realization.
The respondents/ Insurance company is
represented by its counsel.
Counsel for the respondent insurance
company submits that the award passed by the
Tribunal is just and reasonable and there is no
scope of any interference and/ or modification of the
award.
Counsel for the appellant/ claimant relies on
the decisions of the Hon'ble Apex Court of India in
support of the above mentioned grounds. The
decisions are as follows:-
i) National Insurance Company Ltd. Vs.
Pranoy Sethi reported in 2017 ACJ
ii) Sarala Verma & Ors. Vs. Delhi
Transport Corporation & Anr. Reported
in AIR 2009 SC 3164
iii) Abati Bezbaruah Vs. Deputy Director
General Geological Survey of India
reported in 2003 (II) TAC 18 (SC) =
2000 ACJ 680
Taking future prospect of the victim/ deceased as
40 % in addition to his income, and taking the monthly
income of the victim/deceased as Rs.3000/- and taking
the multiplier of 18 as per the age of the
victim/deceased aged about 25 years old plus
Rs.15,000/- on the heads of funeral expenses and
Rs.15,000/- on the basis of loss of estate and making
1/2nd deduction on account of own personal living
expenses following the said decision of National
Insurance Company Ltd. Vs. Pranay Sethi the total
compensation would come as Rs.4,83,600/-. The
Tribunal awarded Rs.1,52,000/-, the claimants have
acknowledged receipt of the said awarded amount. The
balance enhanced sum of Rs.3,31,600/- plus interest @
6% per annum on the aforesaid balance from the date
of lodging of the claim application till the date of
realization which would be payable by the respondent/
insurance company to the claimants. That the
respondent insurance company would make the said
payment to the appellants/ claimants within a period of
45 days from the date of receipt of the bank particulars
of the appellants/ claimants as furnished by the
Counsel for the appellant to the respondent insurance
company.
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
applications, if any, is also disposed of.
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.
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(Shekhar B. Saraf, J.)
