Calcutta High Court (Appellete Side)
Reshmita Lakra Tirkey & Ors vs The National Insurance Co. Ltd. & ... on 29 June, 2021
16 29.06.2021 (Via Video Conference)
Sc
F.M.A. 312 of 2019
with
I.A. No. CAN 1 of 2020
(Old No.CAN 2507 of 2020)
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Reshmita Lakra Tirkey & Ors.
Vs.
The National Insurance Co. Ltd. & Ors.
Mr. Sidur Rahaman
...For the Appellants/
Claimants
Ms. Sucharita Paul
...For the Respondent/
Insurance Company
It appears to this Court that the instant appeal has
been filed out of statutory period. On the oral prayer of
the parties, this Court is satisfied and condones the delay
in filing the instant appeal.
The above appeal has been filed against the
judgment and order dated June 7, 2018 passed by the
Learned Additional District & Sessions Judge, 2nd Court,
Raiganj, Uttar Dinajpur, in M.A.C Case No. 93 of 2017,
on a claim under section 166 of the Motor Vehicles Act,
1988.
The claimants submit that the tribunal erred in
not awarding future prospect on the income of the
deceased. In view of the law as it stands now, after
the judgments delivered by the Hon'ble Supreme
Court in the case of National Insurance Company Ltd.
Vs. Pranay Sethi & Ors., reported in (2017) 16 SCC
680, the claimants are entitled to 40% as future
prospects.
The Insurance Company is represented.
This Court is inclined to accept the
submissions made on behalf of the appellants.
Accordingly, the impugned award is modified and
recalculated and the claimants are found entitled to a
total amount of Rs.6,74,800/- 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. 3,000/- per month, as accepted by the Court
below. Upon adding 40% as future prospect and
annualizing the same, the figure comes to Rs.
50,400/-. After deducting 1/4th as personal
expenses, it is the amount of Rs. 37,800/- on which
a multiplier of 16 would be applied. Thus, the net
pecuniary compensation comes to Rs. 6,04,800/-.
After adding Rs. 70,000/- on account of loss of
estate, funeral expenses and loss of consortium, the
gross compensation comes to Rs. 6,74,800/- 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 claimants acknowledge receipt of the entire
awarded amount along with interest. The balance
sum of Rs.1,72,800/- would become payable to the
appellants 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 company. 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, are also disposed of. The
concerned Department is directed to tag the
applications, if any, with the main appeal
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.)
