Calcutta High Court (Appellete Side)
Sanjib Kumar Ghosh & Ors vs The National Insurance Co. Ltd. & ... on 28 July, 2021
28.07.2021
ss ( Via Video Conference )
F.M.A.T. 292 of 2016
I.A. CAN 1 of 2016 (old No. CAN 12314 of 2016)
Sanjib Kumar Ghosh & ors.
Vs.
The National Insurance Co. Ltd. & anr.
Mr. Amit Ranjan Roy ...For the Appellants/claimants
Mr. M. P. Chakraborty
... For the respondent/Assurance Co.
Re : I.A. CAN 1 of 2016 (old No. CAN 12314 of 2016)
Since the original application is not found in the
file, the photostat copy of the application for condonation
of delay is taken on record and the same be treated as
original.
This is an application for condonation of delay in
filing the instant appeal.
On perusal of the pleadings, this Court is satisfied
that the cause shown for delay in filing the instant appeal
is sufficient and prayer for condonation of delay should
be allowed.
Accordingly, the application for condonation of
delay stands allowed.
By consent of the parties, instant appeal is treated
as on day's list and is taken up for hearing.
The department is directed to issue F.M.A. number
immediately.
FMAT 292 of 2016
The appeal has been filed against the judgment and
award dated 17th May, 2013 passed by learned Member,
Motor Accident Claims Tribunal and District Judge, Nadia
in M.A.C Case No. 49 of 2012 on a claim under Section
163A of the Motor Vehicles Act, 1988 in respect of the
accident dated 15th January, 2012.
In the above case, one Gokul Ghosh died in
vehicular accident at the age of 43 years. The victim used
to earn Rs.3,000/- per month as a mason. The legal
heirs, being the appellants herein claim compensation on
that account.
Two points have been raised by the appellants/
claimants in the instant appeal. Mr. Amit Ranjan Roy,
learned Counsel appearing on behalf of the appellants/
claimants submits that the learned Tribunal erred in
assessing the income of the victim at Rs.2,200/- per
month. The appellants also submit that the learned
Tribunal did not allow the interest on the awarded sum
from the date of filing of the claim application.
Mr. M. P. Chakraborty, learned Counsel appearing
on behalf of the Insurance Company opposed the
submission of the appellants.
Upon hearing the submissions of the parties, I am
of the view that on the basis of evidence on record the
learned Tribunal should have considered that the victim
was working for thirty days in a month instead of twenty
two as held by it. On the point of interest, the Hon'ble
Supreme Court has already held that under Section 171
of the Act, interest should be allowed on and from the
date of lodging of the claim application till the date of
realisation.
Accordingly, by accepting the monthly income of
Rs.3,000/- of the victim, the award of the learned
tribunal is modified and recalculated in the following
manner:
Particulars Amount (Rs.)
Monthly Income Rs.3,000/-
Annual Income Rs.36,000/-
After 1/3rd deduction
(36,000 - 12,000) Rs.24,000/-
Age 43 - multiplier '15
(24,000 15) Rs.3,60,000/-
'General Damages' Rs.9,500/-
TOTAL Compensation Rs.3,69,500/-
Tribunal awarded Rs.2,73,560/-
Compensation payable Rs.95,940/-
The Insurance Company has already paid the sum
of Rs.2,73,560/- as awarded by the learned Tribunal and
appellants have received the same. The balance sum of
Rs.95,940/- would become payable by the Insurance
Company to the appellants together with interest
assessed at the rate of 6% per annum on and from the
date of filing of the claim application till the date of
payment. The Insurer shall also pay the interest on the
awarded sum of Rs.2,73,560/- from the date of filing of
the claim application till the deposit made before the
Tribunal. The Insurance Company shall pay the
aforesaid awarded amount to the appellants directly to
their respective bank accounts within a period of 45 days
from the date of receipt of the bank account particulars of
the appellant. Learned Advocate for the Appellants will
forward the bank account details of the said appellant
within a fortnight from date to the learned Advocate for
the Insurance Company. The payment shall be made only
to the appellant.
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 concerned
Department is directed to tag the applications, 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.)
