Calcutta High Court (Appellete Side)
Smt. Golapi Mahata vs National Insurance Company Ltd. & ... on 21 June, 2021
21.06.2021
ss
F.M.A. 158 of 2021
( Via Video Conference )
Smt. Golapi Mahata
Vs.
National Insurance Company Ltd. & anr.
Mr. Subhankar Mandal
...For the Appellant/claimant
Ms. Sucharita Paul
... For the respondents/Insurance Co.
The above appeal has been filed by the claimant,
against an award and/or judgement dated September 26,
2019 passed by the Additional District & Sessions Judge,
Fast Track 3rd Court, Motor Accident Claims Tribunal,
Paschim Medinipur, in M.A.C. Case No. 70 of 2018 (R.
84/2018), on a claim under Section 166 of the Motor
Vehicles Act, 1988, for the accident of her son, which
took place on December 4, 2017.
The victim, a bachelor, was working as a Volunteer
under the West Bengal National Volunteer Force.
Accordingly, the claimant is entitled to 40% on account of
future prospects of the victim and Rs.30,000/- under the
collective heads of general damages in view of the law as
it stands now after the judgments delivered by the
Hon'ble Supreme Court in the cases 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. 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.17,61,996/-
together with interest thereon at the rate of 6% per
annum 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.1,37,460/- per annum. After deducting 1/2 from
such figure on account of personal expenses of the victim
and adding 40% as future prospect, the yearly income
comes to Rs.96,222/-. On such amount, a multiplier of
18 is applied, thus taking the amount to Rs.17,31,996/-.
Upon adding Rs.30,000/- on the collective heads of
general damages, the gross amount comes to
Rs.17,61,996/- together with interest at the rate of 6%
per annum as indicated above.
The claimants acknowledge receipt of the entire
awarded amount along with interest. The balance sum of
Rs.5,09,856/- would become payable to the appellant
together with interest assessed at the rate of 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 appellant. Advocate
for the Appellant will forward the bank account details of
the appellant within a fortnight from date to Advocate for
the insurance company. The payment shall be made in
the proportion 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 concerned
Department is directed to tag the applications, if any,
with the main appeal
There will be no 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.)
