26 2021 Jharia Bibi & Anr vs 4 The National Insurance Co. Ltd. & ...
2021 Latest Caselaw 5470 Cal

Ct.
No.   05.10                      F.M.A.T. 658 of 2018
26    2021                             Jharia Bibi & Anr.
                                              Vs.
 14                         The National Insurance Co. Ltd. & Anr.
akb                                ( Via Video Conference )

              Ms. Sima Ghosh             ...For the Appellant/Claimant

              Mr. Parimal Kumar Pahari ...For the Respondent/Insurance Co.

The appeal is directed against the judgment and award dated March 26, 2018 passed by the learned Judge Motor Accident Claims Tribunal, Additional Judge, Birbhum at Suri, in M.A.C. Case No. 169 of 2011, in a claim under Section 163A of the Motor Vehicles Act, 1988 for death of one Robiul Alam @ Robiul Islam aged about 20 years, in a road accident dated June 14, 2006. He was a businessman who used to earn Rs. 3,000/- per month.

Various points have been raised by the claimants in the instant appeal challenging the quantum of compensation. It is submitted on behalf of the appellants that the learned Tribunal committed error in law while assessing annual income of the deceased and the multiplier should be applied as per deceased age (20 years) instead of parents' age. It is further submitted on behalf of the appellants that under Section 163A application as per second schedule 1/3rd income will be deducted for personal expenses of the deceased.

In reply, Mr. Parimal Kumar Pahari, learned Counsel for the respondent/Insurance Company submits that the award passed by the learned Tribunal is absolutely just and there is no scope for interference and/or modification of award.

However, following the precedence of this Court on the point of monthly income, I find substance in the

arguments of the appellants, in a claim under Section 163A of the Motor Vehicles Act, 1988, an amount of Rs.3,000/- per months does not appear to be exorbitant.

Accordingly, the impugned award is modified and recalculated as stated hereinafter.

      Monthly Income                             Rs.      3,000/-
      Annual Income (3,000 X 12)                 Rs.     36,000/-
      After 1/3rd deduction for personal exp.    Rs.     24,000/-

      Use Multiplier (16) (24,000 X 16)          Rs. 3,84,000/-

      Add: General Damages                       Rs.      4,500/-

      Total Compensation                         Rs. 3,88,500/-

The claimants acknowledge receipt of the awarded amount of Rs. 2,74,500/- together with interest. Accordingly, the balance enhanced sum of Rs.1,14,000/- would become payable to the appellants by the Insurance Company 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 45 days from the date of receipt of the particulars of the appellants. Learned Counsel for the appellants will forward the bank account details of the appellants within a fortnight from date to the learned Counsel for the Insurance Company. The payment shall be made in the same proportion as decided by the Court below.

With the aforesaid directions, the instant appeal is disposed of.

In view of disposal of the appeal, all connected applications, if any, are also disposed of. The concerned Department is directed to trace out the applications and tag with this 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.)