Calcutta High Court (Appellete Side)
2 vs Akb New India Assurance Co. Ltd. & ... on 6 September, 2021
Ct.
No. 06.9 F.M.A. 2016 of 2013
26 2021 ( Via Video Conference )
Jasoda Mondal & Ors.
12 Vs.
akb New India Assurance Co. Ltd. & Anr.
Ms. Sima Ghosh ...For the Appellants/Claimants
Ms. Sayanti Santra ...For the Respondent/Insurance Co.
This appeal is directed against the judgment and
award dated March 16, 2013 passed by the learned Judge,
Motor Accident Claims Tribunal, 2nd Court, Suri, Bidbhum,
in M.A.C. Case No. 207 of 2010.
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 victim as Rs.15,837/- instead
of Rs.24,093/- per month and after deducting Professional
Tax and other statutory deduction the amount comes to
Rs.23,942/-. Further, the claimants pleaded that the learned
Tribunal committed error in law while not granting 15%
additional amount towards future prospect since the
deceased was 53 years old Government employed person
and applied multiplier of 8 instead of 11 as per schedule.
In reply, Ms. Sayanti Santra, learned Counsel
appearing 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 the award.
Considering the judgments delivered by the
Hon'ble Apex Court in the cases of Smt. Sarala
Verma & Ors. Vs. Delhi Transport Corporation & Anr., reported in
(2009) 6 SCC 121 and National Insurance Company Ltd. Vs.
Pranay Sethi & Ors., reported in (2017) 16 SCC 680 and also
following the precedence of this Court on the point of
monthly income, I find substance in the arguments of the
appellants. Under Section 166 of the Motor Vehicles Act,
1988, an amount of Rs. 23,942/- per month does not appear
to be exorbitant. Appellants are justified in praying for 15%
additional amount towards future prospect since the
deceased was 53 years old Government employed person.
Accordingly, the ratio as decided in Sarala Varma
(Supra) as well as Pranay Sethi (Supra), the award passed by
the Tribunal is modified and recalculated as follows :
Monthly income Rs. 23,942/-
Add : Future Prospect 15% Rs. 3,591/-
Total monthly income Rs. 27,533/-
Annual Income (27,533 X 12) Rs. 3,30,396/-
After 1/3rd deduction for personal Expenses Rs. 2,20,264/-
Multiplier (11) (2,20,264 X 11) Rs.24,24,904/-
Collective General damages Rs. 70,000/-
Total Compensation Rs.24,92,904/-
The claimants acknowledge receipt of the awarded
amount of Rs.10,23068/- including interest in terms of
direction of the Tribunal.
Accordingly, the balance enhanced sum of
Rs.14,69,836/- 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.)
