Saraswati Dolai & Ors vs The United India Insurance Co. ...
2021 Latest Caselaw 3512 Cal

30.06.2021
  ss
                                 F.M.A.T. 1177 of 2018
                        I.A. No. 1 of 2018 (Old No. CAN 10408 of 2018)
                                    ( Via Video Conference )

                                  Saraswati Dolai & ors.
                                            Vs.
                         The United India Insurance Co. Ltd. & ors.


                   Mr. Amit Ranjan Roy
                                          ...For the Appellants/claimants
                   Mr. Rajesh Singh
                                        ... For the respondent/Insurance Co.

Since the original application for condonation of

delay being CAN 10408 of 2018 is not found in the file,

the photostat copy of the application of delay is taken on

record and the same be treated as original.

On perusal of the pleadings, the Court is satisfied

that cause shown for delay in filing the instant appeal is

sufficient and prayer for condonation of delay should be

allowed.

Accordingly, the application for condonation of

delay stands allowed.

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 F.M.A. number

immediately.

The claimants are in appeal, complaining of the

inadequate compensation granted by the learned

Additional District & Sessions Judge, Motor Accident

Claims Tribunal, Fast Track 3rd Court, Midnapore,

Paschim Medinpur, in MAC Case No.554 of 2015.

Two points have been mainly raised by the

claimants in the instant appeal. It is submitted on behalf

of the appellants that the monthly income of Rs.4,500/-

of the victim considered for by the learned Judge was

inadequate. Accordingly, it was argued that a lesser

quantum of compensation has been erroneously awarded

by the Tribunal.

Considering the judgments of Smt. Sarla Verma &

Ors. Vs. Delhi Transport Corporation & Anr., reported

in (2009) 6 SCC 121 and National Insurance Company

Ltd. Vs. Pranay Sethi & Ors. reported in (2017) 16 SCC

680, and also following the precedence of this Court on

the point of monthly income, I find substance in the

arguments of the appellants., For the year 2015, in a

claim under section 166 of the Motor Vehicles Act, 1988,

an amount of Rs.5,000/- per month does not appear to

be exorbitant.

It appears from the judgement 'future prospect'

and 'general damages' should be considered by the

learned Tribunal.

The impugned award is thus modified and the

claimants are found entitled to a total amount of

Rs.1,08,900/- together with interest thereon at the rate of

6% per annum from the date of lodging the claim till the

receipt of payment.

Taking the monthly income of the victim to be

Rs.5,000/-, the annual income comes to Rs.60,000/-. By

adding 10% 'future prospect' and deducting 1/4th on

account of personal expenses, it is the figure of

Rs.49,500/- on which the multiplier of 11 will have to be

applied. The net pecuniary compensation comes to

Rs.5,44,500/-. The account of loss of consortium, loss of

estate and funeral expenses, taking the gross

compensation to Rs.6,14,500/- together with interest

thereon at the rate of 6% per annum from the date of

lodging the claim till the date of receipt of the amount.

The claimants acknowledge receipt of a sum of the

entire awarded amount of Rs.5,05,600/- along with

interest. The balance sum of Rs.1,08,900/- would become

payable to the appellants 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 the learned Advocate for the

Insurance Company. The payment shall be made by the

Insurance Company in the same proposition as 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 application, if any, with

the main appeal.

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.)