Calcutta High Court (Appellete Side)
Mousumi Patra & Ors vs National Insurance Co. Ltd. & Anr on 23 June, 2021
23.06.2021
ss F.M.A. 204 of 2021
(Via Video Conference)
Mousumi Patra & ors.
Vs.
National Insurance Co. Ltd. & anr.
Mr. Subhankar Mandal ...For the Appellants/claimants
Mr. Afroze Alam ... For the respondent No.1/
Insurance Company
This instant appeal filed by the claimants is
directed against the award and/or judgment dated
September 11, 2019 passed by the Learned Judge, Motor
Accident Claims Tribunal, 12th Court, City Civil Court,
Calcutta in M.A.C Case No. 363 of 2016.
The facts of the case are not in dispute.
The claim was filed under Section 166 of the M. V.
Act, 1988. The Learned Advocate for the
appellants/claimants submits that the Learned Tribunal
committed error in law while reducing the assessed
compensation from Rs.41,28,000/ to Rs.28,00,000/ on
the ground that the claimants claimed Rs.28,00,000/ in
the claim application but fact remains that in Nagappa -
Vs- Gurdayal Singh & ors., reported in 2003(2) S.C.C.
274, the Hon'ble Apex Court held that it is the duty of
the Court to pay just compensation after considering
materials on record upon the claimant irrespective of
claim amount as mentioned in the claim application.
Further, the appellants/claimants submit that the
learned Tribunal also committed error in law while
granting of compensation considering the net income of
the victim. It is further submitted that the provident
fund amount of Rs.1,000/- p.m. deducted from the
monthly income of the deceased but the fact remains that
in the case of National Insurance Co. Ltd. Vs. Pranay
Sethi & ors., reported in (2017) 16 S.C.C. 680, the
Hon'ble Apex Court held while calculating annual
income of the deceased, the learned Court shall consider
actual income less tax components of the deceased.
Therefore, monthly income of the deceased is assessed
Rs.20,500/- after deducting tax component.
Learned Counsel for the respondent no.1/
Insurance Company conceded the submission of the
appellants/claimants.
Be that as it may, considering the submissions of
the parties as well as judgment of Hon'ble Apex Court,
the award passed by the Tribunal below is modified and
recalculated as follows:
Particulars Amount
Monthly Income Rs.20,500/-
(Gross income less
P.Tax)
Annual Income Rs.20,500 X 12 Rs.2,46,000/-
Add Future Prospect 50% Rs.1,23,000/-
Total annual income Rs.3,69,000/-
Less personal expenses (1/3rd) Rs.1,23,000/-
Annual loss of dependency Rs.2,46,000/-
Multiplier (17) Rs.2,46,000 X 17 Rs.41,82,000/-
Add : General Damages Rs.70,000/-
Total : Compensation Rs.42,52,000/
The appellants/claimants also submit that they
have received the awarded amount of Rs.28,00,000/-
along with interest from the Insurance Company.
Therefore, balance amount of Rs.14,52,000/- which shall
be paid by the respondent/Insurance Company along
with 6% interest from the date of filing till payment to the
claimants within 30 days of receipt of particulars of their
bank accounts to be supplied by their learned Counsel to
the learned Counsel for the Insurance Company.
It is made clear that the payments shall be made by
NEFT/ RTGS in the proportion as ordered by the Court
below.
With the aforesaid directions, the instant appeal
bearing F.M.A. No.204 of 2021 shall stand disposed of.
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.
(Shekhar B. Saraf, J.)
