Calcutta High Court (Appellete Side)
5 vs Akb The Oriental Insurance Co. ... on 24 June, 2021
Ct.
No. 24.6 F.M.A.T. 510 of 2011
26 2021 ( Via Video Conference )
Khalida Bibi & Ors.
5 Vs.
akb The Oriental Insurance Co. Ltd. & Anr.
Mr. Amit Ranjan Roy ...For the Appellants/Claimants
Ms. Sucharita Paul ...For the Respondent/Insurance Co.
By consent of the parties, copy of this application,
being IA No. 1 of 2013 (Old No. CAN 4266 of 2013), is
taken up for hearing by treating copy of the same as original
one.
In view of the reasons shown in the application
being IA No. 1 of 2013 (Old No. CAN 4266 of 2013), the
delay in preferring the appeal is condoned and the appeal is
regularized.
No serious objection has been raised by Ms.
Sucharita Paul, learned Counsel appearing on behalf of the
Insurance Company.
The application for condonation of delay is
disposed of.
The above appeal has been filed by the claimants,
against the judgment and award dated April 21 2010, passed
by the learned Member, Motor Accident Claims Tribunal,
District Judge, Nadia, in M.A.C. Case No. 148 of 2009.
The 33 years old victim was working as a mason. It
is submitted on behalf of the appellants that the income of
the victim should have been taken to be Rs. 3,000/- per
month instead of Rs. 2,100/-.
The insurance company is represented.
For the year 2010, in a claim under Section 163A of
the Motor vehicles Act, 1988, an amount of Rs. 3,000/- per
month does not appear to be exorbitant. Further, it is now
accepted in this Court for some time that up to 2010, the
base income has to be take as Rs.3,000/- per month.
Accordingly, the impugned award is modified and
the claimants are found entitled to a total sum of
Rs.4,17,500/- 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.
Taking the monthly income of the victim to be Rs.
3,000/- and after annualising such amount and deducting
1/3rd on account of personal expenses, it is the figure of
Rs.24,000/- on which the multiplier of 17 will have to be
applied. The net pecuniary compensation comes to
Rs.4,08,000/-. The appellants are also entitled to general
damages of Rs.9,500/- on account of loss of estate, loss of
consortium and funeral expenses, taking the gross
compensation to Rs.4,17,500/- together with interest thereon
at the rate of 6% per annum from the date of lodging the
claim till the date of receipt of the amount.
The claimants acknowledge receipt of a sum of the
entire awarded amount along with interest. The balance sum
of Rs.1,22,400/- 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 the Advocate for
the insurance company. The payment shall be made in the
same manner and proportion as decided by the Court below.
With the aforesaid directions the instant appeal is
disposed of.
There will be no order as to costs.
Urgent photostat copy of the order, if applied for,
be supplied to the petitioner on priority basis on compliance
of necessary formalities.
( Shekhar B. Saraf, J.)
