Calcutta High Court (Appellete Side)
Padma Rani Bangal & Ors vs The United India Insurance ... on 25 June, 2021
26 25.06.2021 (Via Video Conference)
Sc
F.M.A.T 293 of 2020
with
I.A. No.CAN 1 of 2020
(Old No.CAN 2767 of 2020)
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Padma Rani Bangal & Ors.
Vs.
The United India Insurance Company
Limited & Ors.
Mr. Amit Ranjan Roy
...For the Appellants/
Claimants
Mr. Sanjay Paul
....For the Respondent/
Insurance Company
CAN 1 OF 2020
(Old No.CAN 2767 of 2020)
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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 1 of 2020 stands allowed. The appeal is
restored to its original file and number.
The application for condonation of delay is disposed
of.
FMAT 293 of 2020
The appeal is directed against the judgment and
order dated 3rd September, 2019 by the Learned
Additional District Judge, Fast Track Court - II,
Tamluk, Judge, Motor Accident Claims Tribunal, Purba
Medinipur in M.A.C Case No 74 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
appellant/claimant submits that the Learned Tribunal
committed error in law while not assessed the monthly
income of Rs. 5,000/- instead of Rs.3,000/- where the
avocation of the deceased has been proved with cogent
evidence but fact remains that since the accident
occurred in the year 2016 and as per practice of this
Hon'ble Court, the Learned Tribunal ought to have
assessed the monthly income of Rs. 5,000/- notionally
instead of Rs.3,000/-.
The Learned Tribunal also committed error in law
while not granting 25% additional income towards future
prospect considering the ratio as decided in National
Insurance Company Limited -vs.- Pranay Sethi &
Ors., reported in (2017) 16 SCC 680 since the deceased
was 43 years old self employed person.
In turn the Learned Advocate for the respondent
insurance company submits that the award passed by the
Learned Tribunal is absolutely just and there is no scope
of any further enhancement of the award.
Be that as it may, considering the rival
submissions of the parties as well as judgment of Hon'ble
Apex Court as well as general practice of our High Court,
above award passed by the Tribunal below is modified
and recalculated as follows:
Particulars Amount
(Rs.)
Monthly Income 5,000/
Annual Income (x 12) 60,000/
25% additional income towards 15,000/
future prospect
Annual income 75,000/
Less 1/3rd deduction towards 25,000/
personal expenses
Loss of annual dependency 50,000/
Multiplier (14) 7,00,000/
General damages - 70,000/
Total Rs.7,70,000/
Since the entire amount of Rs.4,06,000/ together
with interest that has been awarded by the court below
has been paid by the insurance company, the differential
amount which comes to Rs. 3,64,000/ together with 6%
interest from date of claim application till payment which
shall be paid to the claimants in the same manner as
indicated in the award within 30 days of receipt of
particulars of their bank accounts to be supplied by his
counsel to the 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.T. No.293 of 2020 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.)
