Shefali Majumder & Anr vs National Insurance Co. Ltd. & Ors
2021 Latest Caselaw 3510 Cal

24 30.06.2021                  (Via Video Conference)
Sc
                                 F.M.A.T 259 of 2020
                                         --------------

Shefali Majumder & Anr.

Vs.

National Insurance Co. Ltd. & Ors.

Mr. Muktakesh Das ...For the Appellants/ Claimants Mr. Sanjay Paul ...For the Respondent/ Insurance Company

On the basis of oral application, delay in filing the

appeal is condone.

This instant appeal case filed by the claimants

against the award and/or Judgment dated 26.08.2019

which was corrected on 11.09.2019 passed by the

Learned M.A.C. Tribunal, Additional District Judge, FTC-

II, Krishnanagar, Motor Accident Claims Tribunal, Nadia

in M.A.C. Case no 363 of 2014 on a claim under Section

166 of Motor Vehicle Act.,1988 for the accidental death of

Bikash Majumder.

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/claimant submits that the Learned Tribunal

committed error in law while not assessing the monthly

income of the deceased Rs. 3,000/ instead of Rs.5,000/.

Learned Advocate for the respondent insurance

company submits that the Learned is just while not

monthly income of the deceased Rs.5,000/ since the

claimants failed to produce any cogent evidence before

the Tribunal to establish the monthly income of the

deceased.

The Learned Advocate for the respondent insurance

company further submits that the Learned Tribunal

committed serious error in law while not deducting 50%

personal expenses from the additional amount of future

prospect.

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.4,000/

Annual Income =                        Rs 48,000/

Add Future Prospect 40 %               Rs 19,200/

Total Income                           Rs. 59,200/

Less personal expenses (50%)           Rs. 29,600/

Annual loss of dependency              Rs 29,600/

Multiplier 18         (Rs 29,600 x 18) Rs 5,32,800/

Add General Damages                    Rs 30,000/

Total compensation =                   Rs 5,62,800/

It goes without saying that the Learned Tribunal

awarded compensation of Rs.6,13,200/ and the Appellant

acknowledges that they have received the Awarded

amount of Rs. 6,13,200/ along with interest amount.

Therefore, this Court finds that there is no scope of any

interference with the award passed by the Learned

Tribunal.

With the aforesaid directions, the instant appeal

stand 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.)