Calcutta High Court (Appellete Side)
26 2021 Lekbas @ Nekbas Sk. And Ors vs 7 National Insurance Co. Ltd. & Anr on 9 November, 2021
Ct.
No. 09.11 F.M.A. 57 of 2017
26 2021 Lekbas @ Nekbas Sk. and Ors.
Vs.
7 National Insurance Co. Ltd. & Anr.
akb
Ms. Sima Ghosh ...For the Appellants/Claimants
Mr. Rajesh Sinch
Mr. Samim Ahammad
Mr. Aniruddha Singh ...For the Respondent/Insurance Co.
This appeal is directed against the judgment and
order dated May 19, 2016 passed by the learned Additioinal
Judge Motor Accident Claims Tribunal, 4th Court,
Berhampore, Murshidabad, in M.A.C. Case No. 233 of 2012
on an application under Section 163A of the Motor Vehicles
Act, 1988 for the death of one 'Chandnihara Bibi' in a road
accident dated 22.04.2012.
Ms. Sima Ghosh, learned Counsel appearing on
behalf of the appellants submits that the income of
Rs.15,000/- per annum of the victim, considered by the
learned Judge was inadequate.
Per contra, learned Counsel representing the
Insurance Company submits that the award passed by the
learned Tribunal is absolutely just and there is no scope of
enhancement of the same.
However, following the precedence of this Court
on point of monthly income, I find substance in the
argument of the appellants. As the claim is made under
Section 163A of the Motor Vehicles Act, 1988, for the year
2012, an amount of Rs.3,000/- per month does not appear to
be exorbitant. The learned Counsel for the claimants does
not dispute such consideration. Accordingly, the impugned
award is modified and recalculated in the manner referred
hereinafter.
Monthly Income Rs. 3,000/-
Annual Income Rs. 36,000/-
Less 1/3rd Personal Expenses(Rs.12,000) Rs. 24,000/-
Multiplier '16' Rs. 3,84,000/-
Add General Damages Rs. 9,500/-
Total Principal Compensation Rs. 3,93,500/-
Less : Awarded by the Tribunal Rs. 1,69,500/-
And paid by the insurer
Balance (enhancement) Rs. 2,24,000/-
The claimants acknowledge receipt of awarded
amount of Rs.1,69,500/- in terms of the direction of the
learned Tribunal. Accordingly, the balance enhanced sum of
Rs.2,24,000/- would become payable to the appellants by the
Insurance Company together with interest @ 6% per annum
on and from the date of filing of the claim application.
Insurer should make the above payment within a period of
45 days from the date of receipt of the bank particulars of the
appellants. Learned Advocate for the appellants shall
forward the bank account in details of the appellants within a
fortnight from date to the learned Advocate for the Insurance
Company. The payment shall be made in the proportion as
decided by the Court below and through RTGS/NEFT
directly in the bank accounts of the claimants.
With the aforesaid directions the instant appeal is
disposed of.
There shall be no further order as to costs.
In view of 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.
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.)
