Calcutta High Court (Appellete Side)
26 2021 Jugal Mondal & Ors vs 9 United India Insurance Co. Ltd. & ... on 1 September, 2021
Ct.
No. 01.9 F.M.A.T. 743 of 2017
26 2021 Jugal Mondal & Ors.
Vs.
9 United India Insurance Co. Ltd. & Anr.
akb ( Via Video Conference )
Ms. Sima Ghosh ...For the Appellant/Claimant
Mr. Sanjay Paul ...For the Respondent/Insurance Co.
The appeal is directed against the judgment and
award dated January 21, 2017 passed by the learned
Additional Judge, Motor Accident Claims Tribunal, 4th
Court, Berhampore, Murshidabad, in M.A.C. Case No. 405
of 2009, on a claim under Section 166 of the Motor Vehicles
Act, 1988 for the death of one 'Sohagi Mondal @ Suyagi
Mondal' in a road accident dated June 10, 2009.
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 Rs.15,000/- per annum, instead of
Rs.36,000/-.
In reply, Mr. Sanjay Paul, learned Counsel
appearing on behalf of the 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. Mr. Paul further submits that since the claimants
failed to establish the income of the deceased, the learned
Tribunal rightly assessed annual income of the deceased
Rs.15,000/- notionally.
However, following the precedence of this Court
on the point of monthly income, I find substance on the
arguments of the appellants for the year 2009, in a claim
under Section 163A of the Motor Vehicles Act, 1988, an
amount of Rs. 3,000/- per month does not appear to be
exorbitant.
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 for personal expenses Rs. 24,000/-
Multiplier '17' - (Rs. 24,000 X 17) Rs. 4,08,000/-
Collective 'General Damages' Rs. 9,500/-
TOTAL Principal Compensation Rs. 4,17,500/-
The claimants acknowledge receipt of the awarded
amount of Rs.1,79,500/- along with interest in terms of
direction of the Tribunal.
Accordingly, the balance enhanced sum of
Rs.2,38,000/- would become payable to the
appellants/claimants 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 a
period of 45 days from the date of receipt of the bank
account particulars of the appellants.
Learned Counsel for the appellants will forward
bank account details of the appellants within a fortnight from
date to the learned Counsel for the Insurance Company. The
payment shall be made to the claimants' bank accounts
directly, in the same manner and proportion as decided by
the Court below.
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.)
