Narayan Pramanik & Anr vs The United India Insurance ...
2021 Latest Caselaw 3425 Cal

24 25.06.2021                  (Via Video Conference)
Sc
                                 F.M.A 946 of 2019
                                           with
                                I.A. No.CAN 2 of 2019
                              (Old No.CAN 7322 of 2019)
                               (application for condonation of delay)
                                           with
                               I.A. No.CAN 1 of 2019
                              (Old No.CAN 7321 of 2019)
                                           with
                               I.A. No.CAN 3 of 2019
                              (Old No.CAN 7323 of 2019)
                                       --------------

Narayan Pramanik & Anr.

Vs.

The United India Insurance Company Limited & Anr.

Mr. Amit Ranjan Roy ...For the Appellants/ Claimants

Ms. Sucharita Paul ....For the Respondent/ Insurance Company

CAN 2 OF 2019 (Old No.CAN 7322 of 2019)

---------------

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 2 of 2019 stands allowed. The appeal is

restored to its original file and number.

The application for condonation of delay is disposed

of.

CAN 3 of 2019 (Old No.CAN 7323 of 2019)

-----------

This is an application for recording attainment of

majority of the appellant/claimant no.2 who has become

a major.

On perusal of the pleading and the documents

annexed, this Court is satisfied and allows such prayer.

Accordingly, the application for attainment of

majority being CAN 3 of 2019 (CAN 7323 of 2019) is

disposed of. The department is directed to take steps.

FMAT 946 of 2019

The instant appeal has been filed by the

appellants/claimants against the judgment and award

dated February 12, 2019 passed by the Additional

District Judge, Fast Track Court-II, Motor Accident

Claims Tribunal, Tamluk, Purba Medinipur.

The appellants/claimants submit that the 38 years

old deceased was earning Rs.5000/- per month as a

vegetable seller. However, the tribunal erroneously took

the monthly income to be Rs.3000/-. The appellants/

claimants further submit that the they are entitled to 40%

future prospect on the income of the deceased 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. Sucharita Paul counsel appearing on behalf of

the Insurance Company submits that the tribunal was

correct in accepting the income of the deceased to be

Rs.3000/- in absence of appropriate 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 basic income has to be taken

as Rs.4000/- per month. Further, the amount of

Rs.4000/- per month does not appear to be exorbitant at

all for the year 2013, as an unskilled worker working on

all days could have earn Rs.4000/- per month.

Accordingly, on such basis and considering the

submissions advanced by the counsel for the parties, the

monthly income of the deceased should be taken as

Rs.4000/-.

The impugned award is thus modified and the

appellants/claimants are found entitled to a total amount

of Rs.7,42,000/- 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.

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 1/3rd as

personal expenses, it is the figure of Rs.44,800/- on

which a multiplier of 15 would be applied. The net

pecuniary compensation comes to Rs.6,72,000/-. The

appellants/claimants are also entitled to Rs.70,000/- on

account of loss of estate and funeral expenses, taking the

gross compensation to Rs.7,42,000/- 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 appellants/claimants acknowledge receipt of

the entire awarded amount along with interest. The

balance sum of Rs.3,12,000/- would be paid equally to

the appellants/claimants together with interest assessed

at the rate of 6% per annum on and from the date of filing

of the claim application within a period of 45 days from

the date of receipt of the bank account particulars of the

appellants/claimants. Counsel appearing on behalf of

the appellants/claimants will forward the bank account

details of the appellants/claimants within a fortnight

from date to the counsel for the Insurance Company.

The Insurance Company shall upon payment of the

balance amount, be entitled to recover the entire sum

paid to the appellants/claimants from the owner of the

offending vehicle for the reasons already recorded by the

Court below.

With the aforesaid directions the instant appeal is

disposed of. Accordingly, all connected applications are

disposed of. The department is directed to tag the

applications with the appeal.

In view of the above order, execution case in the

court below, if any, remains stayed.

There will be no order as to costs.

Photostat certified copy of this order, if applied for,

be furnished upon compliance of all necessary formalities.

(Shekhar B. Saraf, J.)