Calcutta High Court (Appellete Side)
Minor Debojit Debnath & Ors vs The Oriental Insurance Co. Ltd. & ... on 9 November, 2021
S/L 9
09.11.2021
Court No.26
SD
FMAT 575 of 2021
(Via Video Conference)
Minor Debojit Debnath & Ors.
Vs.
The Oriental Insurance Co. Ltd. & Ors.
Mr. Muktakesh Das
... for the Appellants/Claimants.
Mr. P.K. Pahari
... for the Respondent/Insurance Co.
This appeal has been filed against the judgment and
award dated January 21, 2019 passed by the learned Judge,
Motor Accident Claims Tribunal, Additional District Judge,
5th Court, Nadia at Krishnagar in MAC Case No.182 of 2014
on a claim under Section 166 of the Motor Vehicles Act, 1988
for the accidental death of Nani Gopal Debnat on
04.03.2012.
The facts of the case are not in dispute.
The claim was filed under Section 166 of the Motor
Vehicles Act, 1988. Counsel for the appellants submits that
the learned Tribunal also committed error in law while not
granting per month income of the deceased of Rs.6,000/- as
Khalasi. He further submits that the learned Tribunal also
committed error in law while not granting 40% additional
income towards future prospect since the deceased was 38
years old self-employed person. He submits that the learned
Tribunal also committed error in law while not granting the
interest on the compensation award from the date of filing of
the claim petition till realization.
Counsel for the insurance company submits that the
learned Tribunal is just while not assessing monthly income
of the deceased Rs.6,000/- since the claimants failed to
produce any cogent evidence before the Tribunal to establish
monthly income of the deceased.
Be that as it may, considering the rival submissions of
the parties as well as observation of the Hon'ble Supreme
Court in the case of Smt. Sarla Verma & Ors. vs. Delhi
Transport Corporation & Anr. reported in (2009) 6
SCC 121 and National Insurance Company Limited
vs. Pranay Sethi & Ors. reported in (2017) 16 SCC 680
as well as general practice of the High Court, above award
passed by the Tribunal below is modified and recalculated as
follows:-
Particulars Amount (Rs.)
Monthly income 4,000.00
Annual income 48,000.00
Add 40% future prospect 19,200.00
Total income 67,200.00
less : 1/3 personal expenses 22,400.00
Annual loss of dependency 44,800.00
Multiplier of 15 (44,800 x 15) 6,72,000.00
Add General damages 70,000.00
Total compensation 7,42,000.00
a) The appellants also submit that they have received the
awarded amount of Rs.4,00,000/-. But no amount
towards interest has been received. Therefore, the
claimants/appellants are entitled to get 6% interest
per annum from the date of filing of claim application
till payment of principal awarded sum of
Rs.4,00,000/-.
b) The appellants/claimants are also entitled to get a
sum of Rs.3,42,000/- (Rs.7,42,000/- - Rs.4,00,000/-
) together with interest assessed at 6% per annum
from the date of filing of the claim application till
payment to the claimants.
The insurance company is liable to pay the amount as
stated above (a+b) within 30 days of receipt of particular of
claimants' bank accounts to be supplied by their 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.
With the aforesaid directions, the instant appeal is
disposed of.
There shall be no order as to costs.
In view of the disposal of this appeal, connected
application, if any, is also disposed of.
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.)
