Bina Sen & Ors vs National Insurance Co. Ltd. & Anr
2021 Latest Caselaw 3480 Cal

17 29.06.2021                 (Via Video Conference)
Sc
                                 F.M.A.T 577 of 2019
                                        --------------

Bina Sen & Ors.

Vs.

National Insurance Co. Ltd. & Anr.

Mr. Muktakesh Das ...For the Appellants/ Claimants Mr. Sanjay Paul ...For the Respondent/ Insurance Company

On the basis of oral application, delay in filing the

appeal is condone.

This instant appeal case filed by the claimants

against the award and/or Judgment dated 17.08.2018

passed by the Learned M.A.C. Tribunal, Additional

District & Sessions Judge, FTC-1, Krishnanagar, Motor

Accident Claims Tribunal, Nadia in M.A.C. Case no 303

0f 2016 on a claim under Section 166 of Motor Vehicle

Act.,1988 for the accidental injuries suffered by the

victim/appellant.

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 granting any income

towards loss of earning capacity as well as towards

physical pain & sufferings.

Learned Advocate for the respondent insurance

company submits that the Learned is just while not

granting any income towards loss of earning capacity

since the victim failed to prove her permanent disability

by adducing any cogent evidence and also compensation

granted towards general damages is also just and

reasonable.

Be that as it may, considering the rival submissions

of the parties as well as judgment of Hon'ble Apex Court a

further sum of Rs.50,000/ towards physical pain &

sufferings shall be just and reasonable.

The appellant/claimant is directed to furnish her

bank account details to the Counsel for the insurance

company. The insurance company is directed to satisfy

the above compensation within 30 days from the date of

receipt of bank particulars from the appellant.

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

stand disposed of.

There will be no order as to costs.

The department is directed to send down the LCR.

Photostat certified copy of this order, if applied for,

be furnished upon compliance of all formalities.

(Shekhar B. Saraf, J.)