Calcutta High Court (Appellete Side)
8 vs Akb National Insurance Co. Ltd. & ... on 29 June, 2021
Ct.
No. 29.6 F.M.A.T. 820 of 2016
26 2021 ( Via Video Conference )
Smt. Minati Das & Ors.
8 Vs.
akb National Insurance Co. Ltd. & Anr.
Mr. Muktakesh Das ...For the Appellants/Claimants
Mr. Sanjay Paul ...For the Respondent/Insurance Co.
On the oral prayer of the learned Counsel appearing
on behalf of the appellants, the delay in filing the appeal is
condoned. No serious objection has been raised by Mr.
Sanjay Paul, learned Counsel appearing on behalf of the
Insurance Company/respondent.
The application for condonation of delay is disposed
of.
The concerned Department is directed to trace out
the application and tag the same with this appeal.
This instant appeal has been filed by the claimants
against the award and/or Judgment dated January 27, 2016
passed by the learned Judge, Motor Accident Claims
Tribunal, Additional District Judge, 4th Court, Nadia at
Krishnanagar, in M.A.C. Case no 243 of 2009.
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
appellants/claimants submits that the learned Tribunal
committed error in law while not granting 10% additional
amount towards future prospect since the deceased was 53
years old self employed person. The learned Advocate for
the appellants/claimants further submits that the learned
Tribunal also committed error in law while granting
Rs.9,500/ instead of Rs.70,000/ towards general damages.
Learned Advocate for the respondent Insurance
Company submits that the award passed by the learned Court
below is just and reasonable and there is no scope of any
interference and/or modification of the award.
Be that as it may, considering the rival submissions
of the parties as well as judgment of Hon'ble Apex Court
above award passed by the Tribunal below is modified and
recalculated as follows:-
Annual Income Rs. 99,633/-
Add Future Prospect 10 % Rs. 9,963/-
Total Income Rs.1,09,596/-
Less personal expenses (1/3rd) Rs . 36,532/-
Annual loss of dependency Rs. 73,064/-
Multiplier 11 (Rs 73,064 x 11) Rs.8,03,704/-
Add General Damages Rs. 70000/-
Total compensation = Rs.8,73,704/-
The appellant also submits that they have received
the awarded sum of Rs.7,40,142/- along with interest.
Therefore, balance amount of Rs.1,33,562/- further payable
which shall be paid along with 6% interest from the date of
filing of claim application till payment to the claimants
within 30 days of receipt of particulars of their bank
accounts to be supplied by their counsel to the counsel for
the insurance company.
It is made clear that the payments shall be made by
NEFT/ RTGS in the same manner and proportion as decided
by the Court below.
With the aforesaid directions, the instant appeal
shall stand 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.)
