Calcutta High Court (Appellete Side)
26 2021 Antar Ali Sk vs 4 The Oriental Insurance Co. Ltd. & ... on 13 September, 2021
Ct.
No. 13.9 F.M.A.T. 1044 of 2016
26 2021 Antar Ali Sk.
Vs.
4 The Oriental Insurance Co. Ltd. & Anr.
akb ( Via Video Conference )
Mr. Muktakesh Das ...For the Appellant/Claimant
Ms. Sucharita Paul ...For the Respondent/Insurance Co.
On the oral prayer of the learned Counsel
appearing on behalf of the appellant/claimant, the delay of
120 days in filing the appeal is condoned. No serious
objection has been raised by Ms. Sucharita Paul, learned
Counsel appearing on behalf of the respondent/Insurance
Company.
The appeal has been filed by the claimant against
the judgment and award dated February 19, 2016 passed by
the learned Judge, Motor Accident Claims Tribunal,
Additional District Judge, 5th Court, Nadia, in M.A.C. Case
No. 137 of 2011.
The appellant herein was a 'khalasi' who claims to
have lost most of his efficacy due to the 40% permanent
disability suffered by him as a result of the motor accident
dated February 07, 2011. The claimant submits that the
learned Court below had not granted an adequate amount of
compensation on account of his 40% permanent disability,
trauma, future medical expenses, loss of amenities, etc. due
to accidental injuries.
The Insurance Company is represented and
strongly opposes the case made out by the claimants.
For a considerable period of time from the cases of
R D Hattangadi Vs. Pest Control (India) (Pvt) Ltd, reported in
(1995) 1 SCC 551 and Raj Kumar Vs. Ajay Kumar & Anr., reported
in (2011) 1 SCC 343, non-pecuniary damages have been
awarded on several grounds, including future medical
expenses; trauma; loss of amenities, loss of expectation of
life, etc.
The Hon'ble Supreme Court has time and again
observed that "just compensation" should include all
elements that place the victim in as near a position as she or
he was in, before the accident. Though no amount of money
can erase the trauma or the pain and suffering that a victim
undergoes after a serious accident, monetary compensation
is the manner known to law assures some measure of
restitution to those who survive and have to face their lives.
It must be accepted that the appellant herein has
suffered some permanent disability. Considering the
arguments advanced by both the parties and also the extent
of the permanent disablement that the appellant has suffered,
this Court is of the view that he is entitled to a further
consolidated principal amount of Rs.30,000/- towards future
medical expenses; loss of amenities and loss of expectation
of life.
Since the principal amount awarded by the learned
Tribunal has already been received by the claimant along
with interest, only the additional amount of Rs. 30,000/- that
the claimant is entitled to together with interest thereon at
the rate of 6% per annum from the date of filing of the claim
petition within a period of 45 days from the date of receipt of
the bank account particular of the claimant. Learned Counsel
for the claimant will forward the bank account details of the
claimant within a fortnight from date to the Advocate for the
Insurance Company.
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.
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.)
