Calcutta High Court (Appellete Side)
Ananda Sarkar & Ors vs United India Insurance Co. Ltd. & ... on 5 October, 2021
S/L 16
05.10.2021
Court No.26
SD
FMAT 578 of 2021
(Via Video Conference)
Ananda Sarkar & Ors.
Vs.
United India Insurance Co. Ltd. & Ors.
Mr. Muktakesh Das
... for the Appellants/Claimants.
Mr. P.K. Pahari
... for the Respondent/Insurance Co.
It appears to this Court that the instant appeal has
been filed out of statutory period. Being satisfied with the
cause for delay in filing the instant appeal and since the
counsel appearing on behalf of the respondent/Insurance
Company did not oppose, this Court condones the delay in
filing the instant appeal and it is taken up for hearing.
This appeal is directed against the judgment and award
dated September 30, 2019 passed by the learned Additional
Judge, Motor Accident Claims Tribunal, Fast Track Court-II,
Krishnanagar, Nadia in M.A.C. Case No.106 of 2016 on a claim
under Section 166 of the Motor Vehicles Act, 1988 for the
accidental death of Kalpana Sarkar on 25.01.2016.
The facts of the case are not in dispute.
The claim was filed under Section 166 of the Act of 1988.
Counsel for the appellants submits that the learned Tribunal
also committed error in law while not granting the income of
the deceased as Rs.4,000/- per month as a Tailor. Counsel for
the appellants further submits that the learned Tribunal also
committed error in law while not granting 25% additional
income towards future prospect since the deceased was above
40 years old and was a self-employed person. He also submits
that the learned Tribunal 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 appellants/claimants submits that the
learned Tribunal granted 1/3rd deduction from annual income
of the deceased but the same should be 1/4th instead of 1/3rd.
Counsel for the respondent/insurance company submits
that the learned Tribunal is just while not assessing monthly
income of the deceased Rs.4,000/- since the claimants failed to
produce any cogent evidence before the Tribunal to establish
the 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 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. Following
the general practice of our High Court, the award passed by the
Tribunal is modified and recalculated as follows:
Particulars Amount (Rs.)
Monthly Income 4,000.00
Annual Income (Rs.4000/- x 12) 48,000.00
Add future prospect 25% (+) 12,000.00
Total Income 60,000.00
Less personal expenses 1/4th (-) 15,000.00
Annual loss of dependency 45,000.00
Multiplier 14 (Rs.45000/- x 14) 6,30,000.00
Add General damages (+)70,000.00
Total compensation 7,00,000.00
The appellants submit that they have received the award
amount of Rs.5,57,000/-. But no amount towards interest has
been received. Therefore, the appellants are entitled to get 6%
interest per annum from the date of filing of the claim
application on the principal awarded sum of Rs.5,57,000/-.
The appellants are also entitled to get a sum of
Rs.1,43,000/- (Rs.7,00,000 - Rs.5,57,000) with interest 6%
per annum from the date of filing of the claim application till
payment to the claimants.
The insurance company is directed to pay the
abovestated amount within 30 days of receipt of particular of
their bank accounts to be supplied by the counsel for the
appellants 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 direction.
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
applications, if any, are 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.)
