Smt. Aruna Roy & Anr vs Cholamandalam M.S. General ...
2021 Latest Caselaw 3506 Cal

30.06.2021
  ss
                               F.M.A.T. 652 of 2017
                      I.A. No. 1 of 2018 (Old No. CAN 2579 of 2018)
                                 ( Via Video Conference )

                              Smt. Aruna Roy & anr.
                                       Vs.
                 Cholamandalam M.S. General Insurance Co. Ltd. & ors.


                   Mr. Amit Ranjan Roy
                                         ...For the Appellants/claimants


                   Mr. Debanjan Mukherjee
                                               ... For the respondent No.1/

Cholamandalam Insurance Co.

Mr. Rajesh Singh ... For the respondent No.2/ The National Insurance Co. Ltd.

On the prayer of the learned counsel appearing on

behalf of the appellants, the delay in filing the appeal is

condoned. The application for condonation of delay is

disposed of.

By consent of the parties, the instant appeal is

treated as on day's list and is taken up for hearing.

The department is directed to issue FMA number

immediately.

The appeal is directed against the judgment and

order dated December 15, 2016 passed by learned Judge,

VIth Bench, Motor Accident Claims Tribunal, City Civil

Court, Kolkata, in M.A.C Case No. 287 of 2012, on a

claim under Section 166 of the Motor Vehicles Act, 1988

for the death of one 'Swapan Kumar Ray @ Swapan

Kumar Roy' in a road accident dated July 7, 2012.

The only grievance urged by the claimants is that

although learned Tribunal assessed the compensation at

Rs.50,02,000/-, it erroneously reduced the same and

restricted the awarded sum to Rs.45,00,000/- only, on

the ground that the widow of the deceased was getting

family pension. Accordingly, it was argued that a lesser

quantum of compensation has been wrongfully awarded

by the Tribunal.

The Insurance Companies are represented.

Considering the judgement of Lal Dei & Ors. -

Vs.- Himachal Road Transport, reported in (2008) 1

WBLR (SC) 286, I find substance in the arguments of the

appellants. Family pension paid to the claimants cannot

be deducted from the amount of dependency assessed

under the Motor Vehicles Act, 1988. Accordingly, the

impugned award is modified to the extent as prayed.

The claimants acknowledge receipt of the awarded

amount of Rs.45,00,000/- along with interest.

Accordingly, the balance enhanced sum of Rs.5,02,000/-

would become payable to the appellants by 'National

Insurance Company Limited, 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. Learned advocate for the

Appellants will forward the bank account details of the

appellants within a fortnight from date to learned

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.

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.)