Calcutta High Court (Appellete Side)
Akb vs The New India Assurance Co. Ltd. & ... on 21 June, 2021
Ct.
No. 21.6 F.M.A.T. 722 of 2018
26 2021 With
IA No. CAN 1 of 2021
3 Shanti Devi & Ors
akb Vs.
The New India Assurance Co. Ltd. & Anr.
Mr. Amit Ranjan Roy ...For the Appellants/Claimants
Mr. Rajdeep Bhattacharya ...For the Respondent/Insurance Co.
In view of the reasons shown in the application
being CAN 1 of 2021, the delay in preferring the appeal is
condoned and the appeal is regularized. The application is
disposed of.
The claimants are in appeal, complaining of the
inadequate compensation granted by the tribunal in its award
dated February 3, 2018 passed by Additional District and
Session Judge cum Motor Accident Claims Tribunal, Fast
Track 2nd Court, Asansol in M.A.C. Case No. 23 of 2014
(M.A.C. Case No. 114 of 2013), on a claim under Section
166 of the Motor Vehicles Act, 1988 in respect of an
accident that took place on 25.04.2013.
The appellants state that the victim who was an
employee of Eastern Coalfields Limited, died at the age of
47 years. The appellants further point out that the claimants
are entitled to 30% on account of future prospects in view of
the law as it stands now after the judgment passed by
Hon'ble Apex Court in National Insurance Company Ltd. Vs.
Pranay Sethi & Ors., reported in (2017) 16 SCC 680 and the
learned Tribunal also held it 30 % but calculated on the basis
of 10 %. The learned Advocate for the claimants also
submits that interest on the enhanced amount should be
granted from the date of filing of the claim case. However,
learned Tribunal erred in not allowing the same.
The Insurance Company is represented and
contested by Mr. Bhattacharya.
The impugned award is modified and the
claimants are found entitled to a total amount of
Rs.7,62,487/- 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.4,31,238/- per annum, after deduction of tax and
other allowances. On such amount, a multiplier of 13 is
applied and 30% is added on account of future prospect and
after deducting one-third from such figure on account of
personal expenses, the figure comes to Rs.48,58,620/-. Upon
adding Rs.70,000/- on account of collective heads of general
damages, the gross amount comes to Rs.49,28,620/- together
with interest at the rate of 6% per annum as indicated above.
The claimants acknowledge receipt of a sum of Rs
41,66,133/-. The balance sum of Rs.7,62,487/- would
become payable to the appellants 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
appellants.
Advocate for the Appellants will forward the
bank account details of the appellants within a fortnight from
date to Advocate for the insurance company. The payment
shall be made in the proportion decided by the Court below.
FMAT 722 of 2018 is disposed of.
There will be no order as to costs. Urgent
photostat certified copy of this order, if applied for, be
supplied expeditiously after complying with all necessary
legal formalities.
( Shekhar B. Saraf, J.)
