Calcutta High Court (Appellete Side)
26 2021 Smtya Jharna Pradhan & Ors vs 8 The National Insurance Co. Ltd. & ... on 8 September, 2021
Ct.
No. 08.9 F.M.A. 1319 of 2016
26 2021 Smtya Jharna Pradhan & Ors.
Vs.
8 The National Insurance Co. Ltd. & Anr.
akb ( Via Video Conference )
Mr. Amit Ranjan Roy ...For the Appellants/Claimants
Mr. Kanak Kiran Bandyopadhyay
...For the Respondent/Insurance Co.
This appeal is directed against the judgment and
award dated April 30, 2012 passed by the learned Judge,
Motor Accident Claims Tribunal-cum-Additional District &
Sessions Judge, 4th Fast Track Court, Tamluk, Purba
Medinipur, in M.A.C. Case No. 19 of 2009 / 355 of 2008, in
a claim under Section 166 of the Motor Vehicles Act, 1988
on account of death of one Kanailal @ Kanai Pradhan in a
road accident which occurred on July 23, 2008.
Various points have been raised by the
appellants/claimants in the instant appeal challenging the
quantum of compensation. Mr. Amit Ranjan Roy, learned
Counsel appearing on behalf of the appellants, submitted that
claimants/appellants were not granted any amount under
'future prospect' and they are entitled to 10% addition on the
said account. Further, it is the case of the appellants that the
learned Court below erred in deducting 1/3rd of the income
of the deceased for 'personal expenses' in spite of the fact
that there are five number of dependents/claimants. The
claimants/appellants also submitted that the appellants are
entitled to get Rs.70,000/- under different heads of 'general
damages' instead of Rs.9,500/- as held by the learned Court
below. Lastly, appellants pleaded that considering the 51
years age of the deceased, the correct multiplier should have
been 11 instead of 9 as applied by the learned Tribunal.
Accordingly, it was argued on behalf of the
appellants/claimants that a lesser quantum of compensation
has been awarded by the learned Tribunal.
Per contra Mr. Kanak Kiran Bandyopadhyay,
learned Counsel, representing the respondent Insurance
Company vehemently opposed and contradicted the above
contention of the claimants/appellants and submitted that in
the facts and circumstances of the case, the award is just and
reasonable and there is no further scope of enhancement of
the award.
However, considering the judgments of the
Hon'ble Apex Court in the case of Smt. Sarala Verma & Ors. -
Vs.- Delhi Transport Corporation & Anr., reported in (2009) 6 SCC
121 and in the case of National Insurance Company Limited -
Vs.- Pranay Sethi & Ors., reported in (2017) 16 SCC 680, I find
substance in the submissions of the appellants/claimants and
they are justified in praying 10% addition on the account of
'future prospect' on the income of the 51 years old deceased
and 1/4th deduction on account of personal expenses of the
deceased instead of 1/3rd, in view of the fact that there were
five number of dependants/claimants. I am also of the view
that the multiplier should have been 11 and the
appellants/claimants are entitled to general damages of
Rs.70,000/-.
Accordingly, the impugned award is required to
be modified and recalculated in the following manner :
Monthly income Rs. 3,000/-
Yearly income Rs. 36,000/-
Add 1/4th deduction (36,000-9,000) Rs. 27,000/-
Add. 10% future prospect Rs. 2,700/-
Total loss of income Rs. 29,700/-
Age 51 Multiplier 11 (29,700 X 11) Rs.3,26,700/-
(67200X16)
General damages Rs. 70,000/-
Total compensation Rs.3,96,700/-
Tribunal awarded Rs.2,25,500/-
Compensation payable Rs.1,71,200/-
Mr. Roy acknowledges that the appellants /
claimants received the entire awarded sum of Rs.2,25,500/-
along with interest in terms of the direction of the learned
Tribunal. Accordingly, the balance enhanced sum of
Rs.1,71,200/- would become payable to the
appellants/claimants by the respondent Insurance company
together with interest assessed @ 6% per annum on and from
the date of filing of the claim application till the date of
payment.
The respondent Insurance Company is hereby
directed to pay Rs.1,71,200/- with 6% interest per annum on
and from the date of filing of the claim application till the
payment made directly to the bank account of the
appellants/claimants within a period of 45 days from date.
It is made clear that all the payments shall be
made through NEFT/RTGS to the bank accounts of the
appellants/claimants and for such purpose the Counsel for
the appellants/claimants shall furnish bank accounts
particulars of the appellants/claimants to the Counsel for the
Insurance Company within two weeks.
With the aforesaid directions the instant appeal is
disposed of.
In view of disposal of the appeal, connected
application, if any, is also disposed of. The concerned
Department is directed to trace out the application and tag
the same with this appeal.
There shall be no further order as to costs.
LCR, if any, may be returned back to the Court
below.
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.)
