Calcutta High Court (Appellete Side)
5 vs Akb Bajaj Allianz General ... on 29 June, 2021
Ct.
No. 29.6 F.M.A.T. 845 of 2012
26 2021 ( Via Video Conference )
Minu Giri & Ors.
5 Vs.
akb Bajaj Allianz General Insurance Co. Ltd. & Ors.
Mr. Krishanu Banik ...For the Appellants/Claimants
Mr. Rajesh Singh ...For the Respondent/Insurance Co.
The appeal is directed against the judgment and
order dated February 4, 2012 passed by the learned
Additional District & Sessions Judge, Motor Accident
Claims Tribunal, Fast Track, 3rd Court, Tamluk, Purba
Medinipur, in M.A.C Case No. 58/129 of 2008/2008.
The only point urged by the learned Counsel
appearing on behalf of the claimants is that the tribunal erred
in not considering the income of the deceased at Rs.3,000/-
per month.
The learned Counsel for the Insurance Companies
is represented.
Following the precedence of this Court on the
point of monthly income, I find substance in the argument of
the appellants. For the year 2008, in a claim under section
163A of the Motor Vehicles Act, 1988, an amount of
Rs.3,000/- per month for the deceased who was driver by
profession, does not appear to be exorbitant. Accordingly,
the impugned award is modified and recalculated and the
claimants are found entitled to a total amount of
Rs.4,41,500/- 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.
The income of the victim is taken to be Rs.3,000/-
per month. After deducting 1/3rd as personal expenses, the
monthly income comes to Rs.2,000/-. After annualizing, it is
the amount of Rs.24,000/- on which the multiplier of 18
would be applied. Thus, the net pecuniary compensation
comes to Rs.4,32,000/-. The claimants are also entitled to
Rs.9,500/- on account of loss of consortium, loss of estate
and funeral expenses, taking the gross compensation to
Rs.4,41,500/- 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 award of Rs.3,69,500/- passed by the
tribunal, was equally proportioned between the Insurance
Companies of two vehicles involved in the accident. The
claimants acknowledge receipt of the awarded amount from
both the insurers along with interest. Accordingly, the
balance enhanced sum of Rs.72,000/- would become payable
to the appellants by both the insurance companies in equal
share of Rs.36,000/- each, 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 Advocate for the insurance companies. The payment
shall be made in the proportion decided by the Court below.
With the aforesaid directions the instant appeal is
disposed of.
In view of the disposal of this appeal, connected
applications, if any, is also disposed of.
There shall be no further order as to costs.
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.)
