Calcutta High Court (Appellete Side)
Prabhash Bhunya & Anr vs The National Insurance Company ... on 29 July, 2021
12 29.07.2021 (Via Video Conference)
Sc
F.M.A.T 172 of 2019
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Prabhash Bhunya & Anr.
Vs.
The National Insurance Company Ltd.
Divisional Office at Haldia & Anr.
Mr. Amit Ranjan Roy
...For the Appellants/
Claimants.
Mr. Afroze Alam
...For the Respondent/
Insurance Co. Ltd.
The appeal is directed against the judgment and
order dated December 1, 2018 passed by the learned
Judge, Motor Accident Claims Tribunal, 2nd Court
Tamluk, Purba Medinipur in M.A.C. Case No. 60 of
2015/395 of 2015, on a claim under section 166 of the
Motor Vehicles Act, 1988 for the death of one 'Draupadi
Bhunya' in a road accident dated May 4, 2015.
Three points have been raised by the
appellants/claimants in the instant appeal challenging
the quantum of compensation. It is submitted on behalf
of the appellants/claimants that they were not granted
any amount under 'future prospect'. The appellants/
claimants also submit that they were erroneously given
only Rs.30,000/- instead of Rs.70,000/- under the
different heads of 'general damages'. According to the
appellants/claimants. the tribunal did not grant interest
on the awarded sum from the date of filing of the claim
application. Accordingly, it has been argued on behalf of
the appellants/claimants that lesser quantum of
compensation has been wrongfully awarded by the
tribunal.
Per contra, Mr. Afroze Alam, advocate representing
the respondent/insurance company argues that the
award is just and reasonable and there is no further
scope of enhancement of the same and also submits that
the tribunal awarded Rs.30,000/- on account of general
damages.
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, I find substance in the arguments of
the appellants/claimants. They are justified in praying
40% addition on account of future prospect on the
income of the 35 years old deceased and also justified in
praying Rs.70,000/- instead of Rs.30,000/- on account of
general damages. On the point of interest, Hon'ble
Supreme Court has already held that under Section 171
of the Motor Vehicle Act, interest should be granted on
and from the date of filing of the claim application till
realisation.
Accordingly, the impugned award is modified and
recalculated in the manner referred hereinafter.
Particulars Amount (Rs.)
Monthly Income Rs.5,000/-
Annual Income Rs.60,000/
Less 1/3rd for personal expenses
(Rs.20,000/-) Rs.40,000/-
Add 40% future prospect
(Rs.16,000/-) Rs.56,000/-
Multiplier '16' Rs.8,96,000/-
Add 'General Damages' Rs.70,000/-
Total Principal Compensation Rs.9,66,000/-
Less - awarded by tribunal and
paid by insurer Rs.6,70,000/-
Balance (enhancement) Rs.2,96,000/-
The appellants/claimants acknowledge the receipt
of the awarded amount of Rs.6,70,000/- in terms of the
direction of the tribunal. Accordingly, the balance
enhanced sum of Rs.2,96,000/- would become payable to
the appellants/claimants by the respondent/insurance
company 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 respondent/ insurance company is also liable
to pay interest @6% per annum on the awarded sum of
Rs.6,70,000/- from the date of filing of the claim
application till deposit that was made before the tribunal.
The respondent/Insurance Company is hereby
directed to pay Rs.2,96,000/- with interest @6% per
annum on and from the date of filing of the claim
application till payment directly to the bank accounts of
the appellants/claimants within a period of 45 days from
date.
Learned advocate for the appellants/claimants will
forward the bank account details of the
appellants/claimants within a fortnight from date to the
advocate for the respondent/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.
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.)
