Smt. Sajal Adhikary & Anr vs National Insurance Company Ltd. & ...
2021 Latest Caselaw 3412 Cal

31   25.6.2021                      (Via Video Conference)
Sc


                                      FMA 120 OF 2021
                              Re
                                          --------------

Smt. Sajal Adhikary & Anr.

-vs.-

National Insurance Company Ltd. & Anr.

Mr. Subhankar Mandal .......For the Appellants/ Claimants.

Mr. Rajesh Singh .........For the Respondent/ Insurance Company.

The present miscellaneous appeal is at the instance

of the appellants/claimants and is directed against the

judgment and award dated October 3, 2019 passed by the

learned Judge, Motor Accident Claims Tribunal, RD Court,

Paschim Medinipore in M.A.C. Case No. 221 of 2018.

Two points have been mainly raised by the

appellants/claimants in the instant appeal. Mr. Mandal,

counsel appearing on behalf of the appellants/claimants

submits that the claimants were not granted any amount

under "Future Prospect'. Further the claimants were not

granted interest on the compensation amount from the

date of filing of the claim application. The interest was

given only in case of default of payment within the

stipulated time. accordingly, it was argued that a lesser

quantum of compensation has been erroneously awarded

by the tribunal.

Mr. Rajesh Singh, learned counsel is appearing on

behalf of the respondent/Insurance Company.

I have heard counsel appearing on behalf of the

parties. 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 I find substance in the

submission of the appellants/claimants and they are

justified in praying 25% addition on account of future

prospect on the income of the deceased. This Court is

also of the view that the appellants are entitled to interest

on the compensation accrues from the date of filing of

claim application.

Taking the monthly income of the deceased

Rs.5000/- per month his annual income of Rs.60,000/-.

By adding 25% 'Future Prospect' on the income of the

deceased and by deducting 1/3rd on account of personal

expenses, the amount comes to Rs.50,000/- on which

multiplier 13 will have to be applied. The net pecuniary

compensation comes to Rs.5,60,000/-. I am not

interfering with the medical expenses of Rs.15,000/-

awarded to the claimants. They are also entitled to general

damages of Rs.70,000/- on account of loss of consortium,

loss of estate and funeral expenses.

The impugned award is thus modified and the

appellants/claimants are found entitled to a total sum of

Rs.7,35,000/- together with interest thereon @6% per

annum from the date of filing of the claim application till

its realisation.

The appellants/claimants received the entire

awarded amount of Rs.6,00,000/- along with interest.

The balance sum of Rs.1,35,000/- would have become

payable to the appellants/claimants together with interest

@6% per annum on and from date of filing of the claim

application.

The counsel appearing on behalf of the

appellants/claimants shall forward the bank account

details of the appellants/claimants to the Insurance

Company within a period of two weeks from date.

The Insurance Company is directed to pay

Rs.1,35,000/- together with interest @6% per annum on

and from date of filing of the claim application to the

appellants'/claimants' bank accounts directly within a

period of four weeks from date, in the same manner and

proportion as decided by the tribunal.

The appeal is disposed of. Accordingly the connected

applications, if any, are also disposed of. The department

concerned is directed to tag the applications, if any, with

the main appeal.

The department concerned is directed to send down

the lower court records to the Court below.

Photostat certified copy of this order, if applied for,

be furnished on compliance of all formalities.

(Shekhar B. Saraf J.)