Akb Smt. Aparna Ghosh & Ors vs National Insurance Co. Ltd. & Anr
2021 Latest Caselaw 4509 Cal

Ct.
No.   06.9                     F.M.A.T. 404 of 2021
26    2021                                  With
                                    IA CAN No. 1 of 2021
 25                               ( Via Video Conference )
akb                              Smt. Aparna Ghosh & Ors.
                                             Vs.
                             National Insurance Co. Ltd. & Anr.


             Mr. Jayanta Banerjee        ...For the Appellants/Claimants

             Mr. Afroze Alam             ...For the Respondent/Insurance Co.

Re.: IA CAN No. 1 of 2021 (Section 5).

This is an application for condonation of delay in filed the instant appeal.

On perusal of the pleadings, this Court is satisfied that the causes shown for delay in filing the appeal is sufficient and prayer for condonation of delay should be allowed.

Accordingly, the application for condonation of delay stands allowed.

The application for condonation of delay is, thus, disposed of.

Re.: F.M.A.T. 404 of 2021.

By consent of the parties, the instant appeal is treated as on day's list and is taken up for hearing.

The department is directed to register the instant appeal immediately.

The appeal is directed against the judgment and award dated February 25, 2021 passed by the learned Additional District & Sessions Judge, RD Court-cum-Motor Accident Claims Tribual, Paschim Medinipore, in M.A.C. Case No. 58 of 2019.

The facts of the case are not in dispute. The claim petition was filed under Section 166 of

the Motor Vehicles Act, 1988. The Tribunal has not considered the future prospect of the deceased. It appears that the Tribunal wrongly applied the multiplier of 8, instead of multiplier 9.

The learned Counsel for the appellants and the learned Counsel for the Insurance Company submitted that the claimants are entitled to get compensation in view of the law as laid down in 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.

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.   15,000/-
       Add : Future Prospect 10%                       Rs.      1,500/-

       Annual Income (16,500 X 12)                     Rs. 1,98,000/-

       1/3rd deduction on personal Expenses            Rs.   66,000/-
                                                       Rs. 1,32,000/-
       Multiplier (9) (1,32,000 X 9)                   Rs.11,88,000/-

       Add: General Damages                            Rs. 70,000/-
                                                       Rs.12,58,000/-

       Less: Awarded sum already paid                  Rs.10,70,000/-

       Enhanced Principal Compensation                 Rs. 1,88,000/-

The claimants acknowledge receipt of the awarded amount of Rs.10,70,000/- in terms of direction of the Tribunal.

Accordingly, the balance enhanced sum of

Rs.1,88,000/- 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. If it is found that the claimants did not receive any interest on the awarded sum of Rs. 10,70,000/- already paid, the insurer shall pay the interest on the said amount at the same rate of 6% as directed above, from the date of filing of the claim petition till the date of payment.

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.)