Swapan Mondal & Anr vs Rina Dutta & Anr
2021 Latest Caselaw 4508 Cal

06.09.2021
  ss
                                F.M.A.T. 764 of 2016
                                    ( Via Video Conference )

                                   Swapan Mondal & anr.
                                           Vs.
                                     Rina Dutta & anr.


                   Mr. Kuktakesh Das
                                          ...For the Appellants/claimants
                   Ms. Sucharita Paul
                                           ... For the respondent No.2/

Insurance Co.

The instant appeal has been filed by the claimants

against the judgment and order dated February 20, 2016

passed by the learned member, Motor Accident Claims

Tribunal cum District Judge, Nadia, in MAC Case No. 112

of 2014, on a claim under Section 163A of the Motor

Vehicles Act, 1988.

The appellants submit that the victim was earning

Rs.3,000/- per month from his cattle, goats etc.

However, the learned Tribunal assessed the compensation

on the basis of monthly income of Rs.2,000/-. It is

further submitted that the claimants are also entitled to

statutory interest in accordance with Section 171 of the

Motor Vehicles Act, 1988 which was not awarded by the

learned court below.

Mrs. Paul, learned advocate appearing on behalf of

the insurance company argues that the learned Court

below was correct in accepting the income of the victim as

Rs.2,000/- per month in absence of proper evidence.

This Court is inclined to accept the submissions

made on behalf of the appellants. For the year 2014, on 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 as the claimants can avail a

maximum of Rs.40,000/- per annum as per the said Act.

Accordingly, after considering the submissions as

advanced by the learned Advocates for the parties, the

impugned award is required to be modified and

reassessed in the following manner :

    Particulars                                        Amount
 Yearly income (Rs.3,000 p.m.X12)                   Rs.36,000/-

Less : 1/3rd for the personal expenses (-)Rs.12,000/-

Rs.24,000/-

Multiplier 8 to be used(Rs.24,000 X 8) Rs.1,92,000/- Collective heads of General Damages (+) Rs. 4,500/-

Rs.1,96,500/-

Less : Awarded amount (-) Rs.1,37,500/-

Differential Amount                             Rs. 59,000/-


      Learned     Counsel    appearing         on     behalf   of    the

appellants/claimants       submits     that     his    clients      have

already received the awarded amount of Rs.1,37,500/-

excluding interest. According to him, the balance sum of

Rs.59,000/- would become payable to the appellants by

the insurance company together with interest @ 6% per

annum on and from the date of filing the claim

application within a period of 45 days from the date of

receipt of the bank account particulars of the appellants.

Insurance Company is also directed to pay 6% interest on

the principal awarded amount of Rs.1,37,500/-, if not

already disbursed, to be calculated from the date of

lodging of the claim application till the date of payment.

For such purpose, learned Advocate for the appellants

will forward the bank account details of the appellants

within a period of fortnight from date to the learned

Advocate for the Insurance Company. The payment shall

be made in the proportion decided by the Court below.

With the aforesaid directions, the instant appeal is

disposed of. There shall be no order as to costs.

In view of disposal of this appeal, connected

application, if any, is also disposed of.

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.)