Calcutta High Court (Appellete Side)
National Insurance Co. Ltd vs Smt. Sumita Hemram & Ors on 30 June, 2021
25 30.06.2021 (Via Video Conference)
Sc
F.M.A.T 422 OF 2020
with
I. A. No. CAN 1 OF 2020
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National Insurance Co. Ltd.
Vs.
Smt. Sumita Hemram & Ors.
Mr. Sanjay Paul
...For the Appellant/
Insurance Co.
Mr. Anup Kumar Bag
...For the Respondents/
Claimants
This instant appeal case filed by the National
Insurance Co. Ltd. against the award and/or Judgment
dated 20th June, 2020 passed by the Additional District
& Sessions Judge, M.A.C. Tribunal, Fast Track 3rd Court,
Paschim Medinipur in M.A.C. Case No. 119 of 2018
(R.135/2018) (Smt. Sumita Hemram & Ors. -vs- Dipak
Mahata & Anr.), 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/insurance company submits that the Learned
Tribunal committed error in law while assessing monthly
income of the deceased Rs.7,000/ but fact remains that
the claimants failed to produce any cogent evidence to
establish income of the deceased.
The Learned Advocate for the appellant/insurance
company further submits that the Learned Tribunal
Learned Tribunal ought to have deducted 1/3rd income
of the deceased towards personal & living expenses
instead of Rs.2,000/ on lump sum basis.
The Learned Advocate for the appellant/insurance
company further submits that the Learned Tribunal
Learned Tribunal ought to have granted 10% instead of
15% additional income towards future prospect of the
deceased.
The Learned Advocate for the appellant/insurance
company further submits that the Learned Tribunal
ought to have granted Rs.15,000/ instead of Rs.60,000/
towards loss of estate;
The Learned Advocate for the
respondents/claimants submit that to prove income of
the deceased, the claimants produced one salary
certificate issued by the employer of the deceased
whereby said employer certified that the salary of the
deceased was Rs.7,000/ p.m. The said salary certificate
was marked as exhibit-10 without objection. No contra
evidence as adduced by the insurance company to
discard the said evidence.
After considering the rival submissions of the
parties as well as findings of the Learned Tribunal, this
Court finds that the Learned Tribunal was just while
assessing monthly income of the deceased Rs.7,000/ on
the basis of the certificate issued by the employer since
said salary certificate was marked as exhibit-10 without
any objection as well as no contra evidence as adduced by
the insurance company to discard the said evidence.
Regarding other points as raised by the appellant,
the Learned Advocate for the respondents/claimants
fairly conceded over those issues and left the matter
before the decision of this Court.
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:
Monthly income Rs.7,000/
Annual Income Rs 84,000/
Future prospect 10% Rs.8,400/
Total income Rs.92,400/
Less personal expenses (1/3rd) Rs 30,800/
Annual loss of dependency Rs 61,600/
Multiplier 11 (Rs. 61,600/ x 11) Rs. 6,77,600/
General Damages Rs 70,000/
Total compensation = Rs.7,47,600/
The Learned Advocate for the
respondents/claimants acknowledges that her clients
have not yet received any compensation in terms of the
award dated 20.06.2020 passed by the Learned Tribunal.
The Appellant submits that they have already
deposited the statutory amount of Rs.25,000/ before this
Hon'ble Court. Therefore, the appellant/insurance
company is directed to pay a sum of Rs.7,47,600/
together with 6% interest from the date of filing of claim
application till payment to the claimants within 45 days
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.
The appellant/insurance company shall be at liberty
to withdraw the statutory amount of Rs.25,000/ together
with accrued interest thereon from the Learned Registrar
General, High Court, Calcutta after payment to the
claimants.
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.)
