Calcutta High Court (Appellete Side)
Simitary Devi @ Shreemati Nunia & ... vs The National Insurance Co. Ltd. & ... on 30 June, 2021
S/L 10
30.6.2021
Court No.26
SD
FMA 651 of 2016
With
CAN 1 of 2017
(Old CAN 10468 of 2017)
(Via Video Conference)
Simitary Devi @ Shreemati Nunia & Ors.
Vs.
The National Insurance Co. Ltd. & Anr.
Mr. Amit Ranjan Roy
... for the Appellants/Claimants.
Mr. Sanjay Paul
... for the Respondents/Insurance Co.
This appeal has been filed by the appellants/claimants
against the judgment and award dated July 28, 2015 passed
by the learned Judge, Motor Accident Claims Tribunal, 2nd
Court, Asansol in M.A.C. Case No.124 of 2010.
The facts of the case are not in dispute.
Counsel appearing on behalf of the
appellants/claimants submit that the Tribunal committed
error in law while not granting 15% additional income
towards future prospect since the deceased was 52 years old
and was engaged in permanent job under E.C.L.
Counsel for the appellants further submit that the
Tribunal also committed error in law while granting
Rs.9,500/ instead of Rs.70,000/ towards general damages
under different heads.
In support of such submissions, counsel for the
appellants relied upon the judgments of Hon'ble Apex Court
reported in (2009) 6 SCC 121 (Sarla Verma & Ors. Vs.
Delhi Transport Corporation & Anr.,) and National
Insurance Company Ltd. Vs. Pranay Sethi & Ors.
reported in (2017) 16 SCC 680.
The Learned Advocate for the respondent insurance
company submits that the award passed by the Learned 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 as well
as general practice of our High Court, above award passed by
the Tribunal below is modified and recalculated as follows:
Annual income Rs.1,68,000/-
Future prospect 15% Rs.25,200/-
Total income Rs.1,93,200/-
Less personal expenses (1/3rd) Rs. 64,400/-
Annual loss of dependency Rs. 1,28,800/-
Multiplier 11 (Rs. 1,28,800/ x 11) Rs. 14,16,800/-
General Damages Rs 70,000/-
Total compensation = Rs.14,86,800/-
Counsel for the appellants acknowledges that his
clients have received the entire awarded amount of
Rs.12,41,500/ together with interest from the insurance
company. Therefore, the balance sum of Rs.2,45,300/-
would become payable to the appellants together with
interest @6% per annum on and from the date of filing of the
claim petition.
Counsel appearing on behalf of the
appellants/claimants shall forward the bank account details
of the appellants/claimants to the Insurance Company
within a period of two weeks from date.
The Insurance Company is directed to pay
Rs.2,45,300/- together with interest @6% per annum on and
from date of filing of the claim application to the
appellants'/claimants' bank accounts directly within a period
of four weeks from date, in the same manner and proportion
as decided by the Tribunal.
With the aforesaid directions, the instant appeal is
disposed of.
There shall be no order as to costs.
In view of the disposal of this appeal, connected
application, if any, is also disposed of.
The Registry is directed to send down the lower court
records at once, if received by this time.
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.)
