Calcutta High Court (Appellete Side)
Akb vs Belmoni Murmu & Ors on 13 September, 2021
Ct.
No. 13.9 F.M.A. 198 of 2011
26 2021 With
C.O.T. 79 of 2018
2
New India Assurance Co. Ltd.
akb
Vs.
Belmoni Murmu & Ors.
( Via Video Conference )
Mr. Kartick Kumar Bhattacharya
...For the Appellant/Insurance Co. &
Respondent in COT 79 of 2018
Mr. Krishanu Banik ...For the Respondents/Claimants &
Appellants in COT 79 of 2018
The application being IA No. CAN 5 of 2018 (Old
No. CAN 6325 of 2018) for attainment of majority in respect
of the applicant Nos. 2 and 3 is not available on record.
By consent of the parties, the application is taken
up for hearing.
On the oral prayer of the learned Counsel
appearing on behalf of the applicants/claimants, the
application is allowed subject to the prayer made in the said
application. No serious objection has been raised by Mr.
Kartick Kumar Bhattacharya, learned Counsel appearing on
behalf of the Insurance Company/respondent.
The application is disposed of.
The concerned department is directed to tag the
application with the main appeal.
By consent of the parties, both the appeals are
taken up for hearing analogously by treating the cross
appeal, being COT 79 of 2018, as on day's list.
The concerned Department is directed to trace out
and tag the said cross appeal along with this appeal, being
FMA 198 of 2011.
The appeal is directed against the judgment and
award dated May 17, 2010 passed by the learned Judge,
Motor Accident Claims Tribunal, Hooghly, in M.A.C. Case
No. 283 of 2018.
The facts of the case are not in dispute.
The claim application was filed under Section 166
of the Motor Vehicles Act, 1988. Although various points
are taken in the present appeal, the main ground in the
present appeal is canvassed with regard to lack of a valid
driving licence of the driver of the offending vehicle.
Mr. Krishanu Banik, learned Counsel appearing on
behalf of the respondents/claimants submits that the point of
'not having a valid driving licence' of the driver of the
offending vehicle is no longer res integra. Since the larger
Bench of the Hon'ble Apex Court of India had already
decided this issue in the reported decision of National
Insurance Co. Ltd. Vs. Swaran Singh & Ors., reported in AIR 2004
SC 1531. The Insurance Company would be liable to satisfy
the award and the said Insurance Company has the right of
recovery from the owner of the vehicle.
Mr. Banik further submits that this Hon'ble Court
while disposing of the appeal case may consider the point of
future prospects, deduction of 1/4th amount on account of
owner personal living expenses and general damages of
Rs.70,000/- in view of the decision of the Hon'ble Apex
Court of India.
In view of the law as it stands now, after the
decisions of the Hon'ble Apex Court in cases 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, the submissions and the points made by Mr.
Banik are accepted. Therefore, the impugned award is thus
modified as stated hereinafter :
Monthly income Rs. 2,500/-
Annual Income Rs. 30,000/-
40% future prospects Rs. 12,000/-
Annual loss of income Rs. 42,000/-
1/4th deduction for personal Expenses Rs. 10,500/-
After deduction the figure comes Rs. 31,500/-
Use Multiplier (16) (31,500 X 16) Rs. 5,04,000/-
Add: General Damages Rs. 70,000/-
Principal Compensation Rs. 5,74,000/-
The respondent Insurance Company is hereby
directed to pay Rs.5,74,000/- with 6% interest per annum on
and from the date of filing of the claim application till the
payment to be made directly to the bank account of the
claimants/appellants 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
claimants/respondents and for such purpose the learned
Counsel for the claimants shall furnish bank accounts
particulars of the claimants to the Counsel for the Insurance
Company within two weeks.
After payment being made to the claimants, the
Insurance Company is at liberty to withdraw the awarded
sum deposited with the Registrar General along with accrued
interest from the learned Registrar General of this Court.
With the aforesaid directions, the instant appeal
being F.M.A. 198 of 2011 along with the cross objection of
the claimants, being COT 79 of 2018 are disposed of.
In view of disposal of the appeal, all connected
applications, if any, are also disposed of. The concerned
Department is directed to trace out the applications and tag
with this appeal.
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.)
