Calcutta High Court (Appellete Side)
Chandana Roy & Ors vs Chayan Biswas & Ors on 1 September, 2021
2 01.9.2021 (Via Video Conference)
Sc
F.M.A.T. 1003 OF 2015
with
I.A. No.CAN 1 OF 2021
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Chandana Roy & Ors.
Vs.
Chayan Biswas & Ors.
Mr. Muktakesh Das
...For the Appellants/
Claimants.
Ms. Gopa Das Mukherjee
...For the Respondent/
Insurance Co. Ltd.
CAN 1 OF 2021
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CAN 1 of 2021 is an application for condonation
of delay in filing this appeal.
On perusal of pleadings in the application, this
Court is satisfied that the cause shown for delay in
filing of the appeal is sufficient and prayer for
condonation of delay should be allowed.
Accordingly the application for condonation of
delay is allowed.
CAN 1 of 2021 is, accordingly, disposed of.
F.M.A.T. 1003 OF 2015
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The instant appeal, filed by the
appellants/claimants, is directed against the judgment
and award dated December 11, 2014 passed by the
learned Judge, Motor Accident Claims Tribunal, 3rd
Court, Nadia at Krishnagr in M.A.C. Case No. 455 of
2007.
The facts of the case are not in dispute.
Mr. Das, learned advocate for the appellants/
claimants submits that the tribunal committed an error
in law while not assessing the monthly income of the
deceased as Rs.3,300/- per month instead of Rs.15,000/-
per month. He further submits that the tribunal also
committed an error in law by not assessing the interest
from the date of filing of the claim petition till the date of
realisation.
Ms. Gopa Das Mukherjee, learned advocate for the
respondent/Insurance Company has vehemently opposed
the submission of the learned advocate for the
appellants/claimants. She submits that the tribunal has
rightly passed the impugned award since the same is
quite justified and reasonable.
I have heard advocates for the parties and I find
substance in the arguments of the appellants/claimants.
Considering the observation of the Hon'ble Supreme
Court in Laxmi Devi & Ors. -vs.- Mohammad Tabbar &
Anr., reported in 2008 (2) TAC 394 SC the impugned
award is modified and recalculated in the manner
referred hereinafter.
Particulars Amount (Rs.)
Monthly Income Rs.3,000/-
Annual Income Rs.36,000/
Less 1/3rd deduction Rs.12,000/-
Annual loss of dependency Rs.24,000
Multiplier 16 Rs.3,84,000/-
Add general damages Rs.9,500/-
Total compensation Rs.3,93,500/-
The appellants/claimants have not yet received the
awarded sum of Rs.3,93,500/-. Therefore, the awarded
sum of Rs.3,93,500/- along with interest assessed @ 6%
per annum from the date of filing of the claim application
till the date of realisation would become payable to the
appellant no.1, Chandana Roy. The amount will be
payable by the Insurance Company within a period of 45
days from the date of receipt of the bank account
particulars of the appellant no.1, Chandana Roy.
Learned advocate for the appellant no.1 will forward her
bank account details to the learned advocate for the
Insurance company.
It is made clear that the payments shall be made by
NEFT/RTGS.
With the aforesaid directions the instant appeal is
disposed of.
In view of disposal of this appeal, connected
applications, if any, are also disposed of. The department
concerned is directed to tag the applications, if any, with
the main appeal.
There will be no order as to costs.
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.)
