Chhayarani Basak & Anr vs National Insurance Company Ltd. & ...
2021 Latest Caselaw 3382 Cal

23 24.06.2021                (Via Video Conference)
Sc
                             F.M.A.T 1321 of 2018
                                         with
                                  CAN 1 of 2021
                                     --------------

Chhayarani Basak & Anr.

Vs.

National Insurance Company Ltd. & Anr.

Mr. Muktakesh Das ...For the Appellants/ Claimants Ms. Sucharita Paul ....For the Respondent/ Insurance Company

CAN 1 OF 2021

This is an application for expunging the name of

the appellant no.2, since deceased, from the instant

appeal.

On perusal of the pleadings and the documents

annexed with the application, this Court is satisfied and

allows the prayer.

Accordingly, the application being CAN 1 of 2021

stands allowed.

Department is directed to expunge the name and

particulars of the appellant no.2 in the causetitle of the

appeal.

FMAT 1321 OF 2018

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The instant appeal has been filed by the

appellant/claimant challenging the judgment and award

dated December 7, 2018 passed by the learned Additional

District Judge, Motor Accident Claims Tribunal, 3rd

Court, Krishnagar Nadia in M.A.C. Case No. 203 of 2016.

Mr. Das, counsel appearing on behalf of the

appellant/claimant submits that the tribunal erred on a

number of grounds while assessing the quantum of

compensation. He submits that when the accident took

place the age of the deceased was 23 and the income of

the deceased should have been taken to be at least

Rs.5000/- per month instead of Rs.3000/- as held by the

tribunal. He further submits that the claimant is entitled

to 40% future prospect on the income of the deceased.

However, learned tribunal erred in not allowing the same.

The other ground urged by the appellant/claimant is that

the multiplier should have been 18 instead of 17 and a

total sum of Rs.30,000/- should have been awarded on

the collective heads of general damages in view of the law

laid down in Smt. Sarala Verma & Ors. -vs.- Delhi

Transport Corporation & Anr., reported in (2009) 6

SCC 121 and in National Insurance Company Limited

-vs.- Pranay Sethi & Ors., reported in (2017) 16 SCC

680.

Ms. Paul, counsel appearing on behalf of the

Insurance Company submits that the tribunal was

correct in accepting the income of the victim to be

Rs.3000/- per month in absence of appropriate

documentary evidence. However, she also points out that

it is the case of the appellant/claimant that the deceased

used to earn Rs.4000/- per month. It is further pointed

out by Ms. Paul that the oral evidences adduced by PW-1

being the widow and also PW-3 being the employer of the

deceased reflect that the income of the victim was

Rs.4000/- per month. Accordingly, she submits that the

income of the deceased cannot be taken to be Rs.5000/-

per month.

This Court is inclined to accept the submissions

made on behalf of the Insurance Company. However, in a

claim case of 2015 an amount of Rs.4400/- per month

does not appear to be exorbitant.

The impugned award is thus modified and the

appellant/claimant is found entitled to a total sum of

Rs.6,95,280/- together with interest therein @6% per

annum from the date of filing of the claim application till

its realisation.

The monthly income of the deceased is Rs.4400/-.

Upon adding 40% future prospect such amount comes to

Rs.6,160/- per month. After annualizing the same and

deducting 1/2 as personal expenses, it comes to

Rs.36,960/- on which multiplier 18 will have to be

applied. The net pecuniary compensation comes to

Rs.6,65,280/-. The appellant/ claimant is also entitled to

general damages of Rs.30,000/- on account of loss of

estate and funeral expenses taking the gross

compensation to Rs.6,95,280/- together with interest

thereon @6% per annum from the date of filing of the

claim application till receipt of the same.

The appellant/claimant acknowledges receipt of the

entire awarded amount along with interest. The balance

sum of Rs.3,84,780/- would have become payable to the

appellant/claimant being the mother of the victim

together with interest @6% per annum on and from date

of filing of the claim application.

The counsel appearing on behalf of the

appellant/claimant shall forward the bank account

details of the appellant/claimant to the Insurance

Company within a period of two weeks from date.

The Insurance Company is directed to pay

Rs.3,84,780/- together with interest @6% per annum on

and from date of filing of the claim application to the

appellant's/claimant's bank account directly within a

period of four weeks from date.

The appeal is disposed of. Accordingly the

connected application is also disposed of. There shall be

no order as to costs.

The department is directed to send down the LCR.

Photostat certified copy of this order, if applied for,

be furnished upon compliance of all necessary formalities.

(Shekhar B. Saraf, J.)