Calcutta High Court (Appellete Side)
Jalema Sekh & Anr vs The United India Insurance Co. ... on 25 June, 2021
S/L 21
25.6.2021
Court No.26
SD
FMAT 662 of 2019
With
CAN 1 of 2019
(Old CAN 7716 of 2019)
(Via Video Conference)
Jalema Sekh & Anr.
Vs.
The United India Insurance Co. Ltd. & Anr.
Mr. Saidur Rahman
... for the Appellants/Claimants.
Ms. Sucharita Paul
... for the Respondents/Insurance Co.
CAN 7716 of 2019:
Let copy of this application furnished by counsel on
behalf of the appellants be treated as original one.
This is an application for condonation of delay 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 condonation of delay should be allowed.
Accordingly, the application for condonation of delay
being CAN 7716 of 2019 stands allowed.
FMAT 662 of 2019:-
This appeal has been filed by the appellants/claimants
against the judgment and award dated February 2, 2019
passed by the learned Judge, Motor Accident Claims
Tribunal, 3rd Court, Nadia at Krishnagar in M.A.C. Case No.
257 of 2014 under Section 166 of the Motor Vehicles Act,
1988.
The appellants/claimants submit that the Tribunal
erred on a number of grounds while assessing the quantum
of compensation. The appellants submits that the victim was
earning Rs.7,000/- per month as a centering and binding
worker. However, Tribunal assessed the compensation on
the basis of monthly income of Rs.3,000/-.
It is further submitted that the appellants/claimants
are entitled to 40% future prospects on the income of the
deceased. The other grounds urged by the
appellants/claimants are 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 as it stands now after the
judgments delivered by the Hon'ble Supreme Court in the
cases of Smt. Sarla Verma & Ors. vs. Delhi Transport
Corporation & Anr. reported in (2009) 6 SCC 121 and
National Insurance Company Ltd. vs. Pranay Sethi
& Ors. reported in (2017) 16 SCC 680.
Mrs. Sucharita Paul, counsel appearing on behalf of
the respondents/Insurance Company submits that the
Tribunal was correct in accepting the income of the victim to
be Rs.3,000/- in absence of any documentary evidence.
This Court is inclined to accept the submissions made
on behalf of the Insurance Company. However, it is now
accepted in this Court for some time that between the years
2011 to 2014, the base income has to be taken as Rs.4,000/-
per month. Further, the amount of Rs.4,000/- per month
does not appear to be exorbitant at all for the year 2013, as
an unskilled worker working on all days could have earned
Rs.4,000/- per month.
Accordingly, on such basis and considering the
submissions as advanced by the counsel for the parties, in my
opinion, the monthly income of the victim should be taken as
Rs.4,000/-.
The impugned award is thus modified and
recalculated and the claimants are found entitled to a total
amount of Rs.6,34,800/- together with interest thereon @6%
per annum from the date of lodging the claim till the receipt
of payment as indicated more fully hereafter.
The monthly income of the victim is taken to be
Rs.4000/- per month. Upon adding 40% as future prospect,
such amount comes to Rs.5,600/- per month. After
annualizing the same and deducting ½ as personal expenses,
the amount is of Rs.33,600/- on which a multiplier of 18
would be applied. The net pecuniary compensation comes to
Rs.6,04,800/-. The appellants/claimants are also entitled to
Rs.30,000/- on account of loss of estate and funeral
expenses, taken the gross compensation of Rs.6,34,800/-
together with interest thereon @6% per annum from the date
of filing of the claim application till receipt of the same.
The appellants/claimants received the entire awarded
sum along with interest. The balance sum of Rs.3,24,300/-
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.3,24,300/- 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.
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.
The Registry is directed to send down the lower court
records at once, if received by this time.
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.)
