Calcutta High Court (Appellete Side)
Kanika Mondal & Ors vs Oriental Insurance Co. Ltd. & Anr on 21 June, 2021
S/L 14
21.6.2021
Court No.26
SD
FMAT 90 of 2020
With
CAN 1 of 2020
(Old CAN 1337 of 2020)
With
CAN 2 of 2020
(Old CAN 1343 of 2020)
(Via Video Conference)
Kanika Mondal & Ors.
Vs.
Oriental Insurance Co. Ltd. & Anr.
Mrs. Susmita Saha Dutta
Mr. Niladri Saha
... for the Appellants/Claimants.
Mr. Sanjay Paul
... for the Respondents/Insurance Co.
CAN 1 of 2020 (Old CAN 1337 of 2020):-
This is an application for condonation of delay of 178
days in filing the instant appeal.
On perusal of the pleadings, this Court is satisfied that
cause shown for delay in filing of the appeal is sufficient and
prayer for condontion of delay should be allowed.
Accordingly, the application for condonation of delay
being CAN 2 of 2021 stands allowed.
FMAT 90 of 2020:-
By consent of parties, this appeal is treated as on day's
list and is taken up for hearing.
This appeal is directed against the judgment and
award dated March 26, 2019 passed by the learned Judge,
Motor Accident Claims Tribunal-cum-Additional District and
Sessions Judge, 2nd Court, Raiganj, Uttar Dinajpur in M.A.C.
Case No. 72 of 2018 under Section 166 of the Motor Vehicles
Act, 1988.
The facts of the case are not in dispute. The only issue
is with regard to the monthly income of the deceased that
was taken as Rs.3,000/- per month. While it is true that
there is no clear evidence of the claim made before the
Tribunal of Rs.8,000/- per month as to be the income of the
victim, this Court as per the practice followed has considered
the income of the deceased is Rs.5,000/- per month. It
further appears that towards general damages, the Tribunal
has awarded a sum of Rs. 1 lakh.
It is now well-settled in the decision of the Hon'ble
Supreme Court in the case of National Insurance
Company vs. Pranay Sethi reported in (2017) 16 SCC
680 that general damages are required to be kept at
Rs.70,000/-.
Considering the above award passed by the Tribunal
below is modified and recalculated as follows:
Particulars Amount (Rs.)
Monthly Income 5,000.00
Add: Future prospect 40% 2,000.00
7,000.00
Annual Income (x 12) 84,000.00
Less 1/3rd for personal expenses 28,000.00
56,000.00
Multiplier (17) x 17
___________
Total 9,52,000.00
Less awarded amount already
paid 5,08,000.00
Enhanced principal amount 4,44,000.00
Since the entire amount that has been awarded by the
Court below has been paid by the Insurance Company, the
differential amount which comes to Rs.4,44,000/- which
shall be paid to the appellants within 45 days of receipt of
particulars of their bank accounts to be supplied by their
counsel to the counsel for the Insurance Company.
The amount awarded shall carry interest @ 6% per
annum on the enhanced awarded sum from the date of filing
of the claim petition till the date of actual payment.
It is made clear that the payments shall be made by
NEFT/RTGS in the manner and proportion as provided in
the award.
With the aforesaid directions, the instant appeal is
disposed of.
There shall be no order as to costs.
In view of the disposal of this appeal, connected
application, if any, is also disposed of.
Be it recorded herein that the counsel for the
Insurance Company objected to the submission of the
appellants for enhancement of the awarded sum and
supported the award as passed by the Tribunal.
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.)
