Calcutta High Court (Appellete Side)
Asha Gope & Anr vs Akb The United India Insurance Co. ... on 18 June, 2021
Ct.
No. 18.6 F.M.A. 2020 of 2013
26 2021 ( Via Video Conference )
Asha Gope & Anr.
1 Vs.
akb The United India Insurance Co. Ltd. & Anr.
Mr. Amit Ranjan Roy ...For the Appellants
Ms. Sucharita Paul ...For the Respondent/Insurance Co.
The claimants are in appeal, complaining of the
inadequate compensation granted by the learned Judge,
Motor Accident Claims Tribunal-Cum-Additional District
Judge, 2nd Court, Asansol, Burdwan in its award dated
January 30, 2013 in M.A.C. Case No.72 of 2009.
The appellants state that the victim who was an
employee of Eastern Coalfields Limited, died at the age of
34 years. Therefore, the multiplier adopted by the learned
Tribunal should have been 16 instead of 15. The appellants
further point out that the claimants are also entitled to 50%
on account of future prospects and Rs.70,000/- under
collective heads of general damages in view of the law as it
stands now after the judgments in 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. The learned Advocate for the
claimants also submits that interest on the awarded amount
should have been granted from the date of filing of the claim
case. However, learned Tribunal erred in not allowing the
same.
The insurance company is represented.
The impugned award is modified and the
claimants are found entitled to a total amount of
Rs.24,21,184/- together with interest thereon at the rate of
6% per annuam from the date of lodging the claim till the
receipt of payment as indicated more fully hereafter.
The gross income of the victim appears to have
been Rs.1,46,948/- per annuam, after deduction of tax and
other allowances. After deducting one-third from such
figure on account of personal expenses, the net yearly
income comes to Rs. 97,966/-. On such amount, a multiplier
of 16 is applied and 50% is added on account of future
prospect, thus, taking the amount to Rs. 23,51,184/-. Upon
adding Rs. 70,000/- on account of collective heads of general
damages, the gross amount comes to Rs. 24,21,184/-
together with interest at the rate of 6% per annum as
indicated above.
The claimants acknowledge receipt of a sum of the
entire awarded amount minus interest. The balance sum of
Rs.9,42,194/- would become payable to the appellants
together with interest assessed at the rate 6 per cent per
annum on and from the date of filing of the claim petition
within a period of 45 days from the date of receipt of the
bank account particulars of the appellants. The Insurance
Company is also directed to pay 6% interest on the awarded
amount, if not already disbursed, to be calculated from the
date of lodging of the claim till the date of payment.
Learned Advocate for the appellants will forward the bank
account details of the appellants within a fortnight from date
to the learned Advocate for the Insurance Company. The
payment shall be made in the same 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
application, if any, is also disposed of. The concerned
Department is directed to tag the application, if any, with the
main appeal.
There shall be no further order as to costs.
LCR, if any may be returned back to the Court
below.
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.)
