Jahanara Bgum & Ors vs National Insurance Company Ltd
2021 Latest Caselaw 3503 Cal

26 30.06.2021                    (Via Video Conference)
Sc
                                 F.M.A. 135 OF 2021

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Jahanara Bgum & Ors.

Vs.

National Insurance Company Ltd.

Mr. Subhankar Mandal ...For the Appellants/ Claimants Mr. Afroze Alam ...For the Respondent/ Insurance Co.

This instant appeal case filed by the claimants

against award/Judgment dated 29.11.2019 passed by

M.A.C. Tribunal, 1st Court, Howrah Court in M.A.C. Case

No. 325 of 2005 on a claim under Section 166 of the

Motor Vehicles Act, 1988 for the accidental death of Kazi

Ali Hossain on 02.03.2005 who left behind widow, sons

and daughters.

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 submit that the learned tribunal committed

error in law while granting of compensation, considered

the net income of the victim. Provident Fund amount

Rs.2950/- per month deducted from the monthly income

of the deceased but the Hon'ble Apex court held in

National Insurance Company Ltd. Vs. Pranay

Sethi & Ors., reported in (2017) 16 SCC 680 that

while calculating annual income of the deceased, the

Court shall consider actual income less tax components

of the deceased. Therefore, monthly income of the

deceased is assessed Rs.7087/- after deducting p. tax

component.

Be that as it may, considering the submissions of

the parties as well as decision passed in Pranay Sethi &

Ors. (supra) the award passed by the Tribunal is

modified and recalculated as follows:

Monthly income of deceased Rs.7,087/-

Annual Income                              Rs.85,044/-
Add: Future prospect 15%                   Rs.12,756/-
Total annual income                        Rs.97,800/-
Less personal expenses (1/4th)             Rs.24,450/-
Annual loss of dependency                  Rs.73,350/-
Multiplier 11 (Rs.73,350/ x 11)            Rs.8,06,850/-
Add: General Damages                       Rs.70,000/-
Total compensation =                       Rs.8,76,850/-

The appellants also submit that they have received

the awarded amount of Rs.4,88,704/- along with interest

from the insurance company. Therefore, balance amount

of Rs.3,88,146/- shall be paid by the respondent

insurance company along with 6% interest from the date

of filing till payment to the claimants within 30 dates of

receipt of particulars of their bank accounts to be

supplied by his counsel to the counsel for the insurance

company.

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. Accordingly connected application is

also 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.)