Calcutta High Court (Appellete Side)
Sobhan Maity vs Unknown on 28 July, 2021
28.07.2021
jks ( via Video Conference)
7 FMA 244 of 2008
In the matter of: Sobhan Maity.
... appellant
Mr. Krishanu Banik
... for the appellant
Mr. Parimal Kumar Pahari,
...For the respondent/insurance company
The appeal is directed against the judgment
and award dated 30th June, 2007 passed by the
learned Judge, Motor Accident Claims Tribunal,
Tamluk, Purba Medinipur in M.A.C Case No.232 of
2005.
The facts of the case are not in dispute.
The points raised by the appellant/claimant
being victim injured are as follows:-
i) That the Tribunal did not consider the
actual income of the victim injured.
ii) That the Tribunal did not assess the
percentage of disability of the victim
injured.
iii) That the Tribunal did not consider the
future prospect of the victim injured.
iv) That the Tribunal did not grant the
adequate compensation on the heads of
a) medical expenses and future medical
expenses b) pain and sufferings c) loss
of amenities etc.
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 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) R.D. Hathangadi Vs. Pest Control
(India) Pvt. Ltd. Reported in AIR 1995
SC 755
Taking the monthly income of the victim injured
as Rs.2,500/- and considering the future prospect of
the victim injured at 40% and applying the multiplier of
18 and taking the 50 % permanent disability i.e. 50 %
loss of income and adding medical expenses and on the
head of pain and suffering as Rs.1,00,000/- the total
compensation comes to Rs.4,78,000/-. The victim
injured acknowledges the receipt of the Tribunal's
award of Rs.2,61,614/- and therefore after deducting
the said awarded amount, the enhanced compensation
would come as Rs.2,16,359/-. The respondent
Insurance Company would pay the said enhanced
compensation together with 6 % interest per annum
from the date of lodging of the claim application till the
date of realization. The respondent/ Insurance
Company would pay the said enhanced compensation
to the bank account of the victim injured directly
through electronic process like NEFT/ RTGS within a
period of 45 days from the date of receipt of the bank
particulars of the appellant/ claimant as furnished/
forwarded by Counsel for the appellant to the
respondent/ Insurance Company or its Counsel.
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.
<
(Shekhar B. Saraf, J.)
