Calcutta High Court (Appellete Side)
26 2021 Smt. Mili Sahu & Ors vs 6 National Insurance Co. Ltd. & Anr on 8 September, 2021
Ct.
No. 08.9 F.M.A. 451 of 2016
26 2021 Smt. Mili Sahu & Ors.
Vs.
6 National Insurance Co. Ltd. & Anr.
akb ( Via Video Conference )
Mr. Krishanu Banik ...For the Appellants/Claimants
Mr. Rajesh Singh ...For the Respondent Insurance Co.
The appeal is directed against the judgment and
award dated July 23, 2015 passed by the learned Judge,
Motor Accident Claims Tribunal, First Court, Contai, Purba
Medinipur, in M.A.C Case No. 145 of 2010, on a claim
under section 166 of the Motor Vehicles Act, 1988 for the
death of one 'Manik Lal Sahu' in a road accident dated May
19, 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 claimants were not granted any amount under 'future
prospect'. He further alleged that in view of four numbers of
dependents, the deduction for 'personal expenses' should
have been 1/4th of the income of the deceased. Lastly,
claimants pleaded that they were not granted Rs.70,000/-
under full component of 'general damages'. Accordingly, it
was argued that a lesser quantum of compensation has been
wrongfully awarded by the learned Tribunal.
The learned Counsel for the Insurance Company
submits that in the facts and circumstances of the case, the
award passed by the learned Tribunal is justified.
Considering the judgements of the Hon'ble Apex
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, I find substance in the arguments of the
appellants. Claimants are justified in praying for 40%
addition on account of 'future prospect' on the income of the
deceased. The deduction for personal expenses should be
1/4th of deceased's income and Rs.70,000/- must be granted
to the claimants under collective heads of general damages.
Accordingly, the impugned award is modified
and recalculated in the manner referred hereinafter:
Monthly Income Rs. 3,000/-
Yearly Income Rs. 36,000/-
Deduction 1/4th (Rs.9,000/-) Rs. 27,000/-
Add 40% Future Prospects (Rs.10,800/-) Rs. 37,800/-
Multiplier 16 (Age above 31 years) Rs.6,04,800/-
Add General Damages Rs. 70,000/-
Total compensation Rs.6,74,800/-
Tribunal awarded and paid by insurer Rs.4,17,500/-
Total balance Payable Rs.2,57,300/-
The claimants acknowledge receipt of the
awarded amount of Rs.4,17,500/- along with interest.
Accordingly, the balance enhanced sum of Rs.2,57,300/-
would become payable to the appellants 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 the bank account
details of the appellants within a fortnight from date to
learned Counsel for the Insurance Company.
The said enhanced payment shall be paid by the
respondent/Insurance Company to the claimants through
NEFT/ RTGS in the same manner and proportion as decided
by the Court below.
With the aforesaid directions the instant appeal is
disposed of.
In view of the 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.
There will be no order as to costs.
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.)
