Calcutta High Court (Appellete Side)
Mondira Ghosh & Ors vs The National Insurance Co. Ltd. & ... on 13 September, 2021
S/L 7
13.9.2021
Court No.26
SD
FMA 202 of 2021
With
CAN 1 of 2021
(Application is not in the file)
(Via Video Conference)
Mondira Ghosh & Ors.
Vs.
The National Insurance Co. Ltd. & Anr.
Mr. Amit Ranjan Roy
... for the Appellants/Claimants.
Mr. Sanjay Paul
... for the Respondent/Insurance Co.
CAN 1 of 2021:-
This is an application for condonation of delay in
filing the instant appeal.
In view of Stamp Reporter's Report, there is no delay
in filing of the appeal. Accordingly, CAN 1 of 2021 is not
pressed and is disposed of.
FMA 202 of 2021:-
This appeal is directed against the judgment and
award dated August 26, 2020 passed by the learned
Additional District Judge, 2nd Court, Motor Accident Claims
Tribunal, Nadia at Krishnagar in M.A.C. Case No.69 of 2014
on a claim under Section 166 of the Motor Vehicles Act, 1988
for the death of one 35 years old Manotosh Ghosh, in a road
accident dated January 15, 2014.
Various points have been raised by the
appellants/claimants in the instant appeal challenging the
quantum of compensation.
Mr. Amit Ranjan Roy, counsel appearing on behalf of
the appellants submitted that the monthly income of
Rs.3500/- of the victim considered by the learned Judge was
inadequate. Furthermore, claimants were not granted any
amount under the heading of 'future prospect'. Lastly,
appellants took the plea that in view of 5 numbers of
dependents, the deduction for personal expenses should have
been 1/4th of the income of the deceased and not 1/3rd as
done by the Tribunal. Accordingly, it was argued that a
lesser amount of compensation has been wrongfully awarded
by the Tribunal.
Mr. Sanjay Paul, counsel appearing on behalf of the
insurance company submitted that the Tribunal rightly
assessed the income of the deceased Rs.3500/- per month
notionally in absence of any documentary evidence. Mr. Paul
further submits that the Tribunal committed error in law
while granted Rs.1,10,000/- instead of Rs.70,000/- towards
loss of love, care, guidance and protection and funeral
expenses. Mr. Paul further submits that the Tribunal
committed error in law while applying the multiplier 17
instead of 16 since the deceased was 35 years old.
Considering the judgments passed in Smt. Sarala
Verma & Ors. vs. Delhi Transport Corporation &
Anr. reported in (2009) 6 SCC 121 and National
Insurance Company Limited vs. Pranay Sethi &
Ors. reported in (2017) 16 SCC 680 and also following the
practice of this Court on the point of monthly income, I find
substance in the submissions of the appellants. For the year
2014, in a claim under Section 166 of the Motor Vehicles Act,
1988, an amount of Rs.4000/- per month does not appear to
be exorbitant. The appellants are justified in praying for
40% addition on account of 'future prospect' towards income
of the deceased and deduction on account of personal
expenses should be 1/4th of the income of the deceased. Mr.
Paul rightly submitted that the appellants are entitled
Rs.70,000/- only under the collective heads of 'general
damages' and also the correct multiplier should be 16.
Accordingly, the impugned award is required to be
modified and recalculated in the following manner:-
Particulars Amount (Rs.)
Annual Income (Rs.4000/- x 12) 48,000.00
Deduction 1/4th (-) 12,000.00
36,000.00
Future prospect 40% (+) 14,400.00
Total annual income 50,400.00
Multiplier 16 (50,400/- x 16) 8,06,400.00
Add General damages (+) 70,000.00
Total compensation 8,76,400.00
Tribunal award (-) 5,86,000.00
Balance 2,90,400.00
The appellants/claimants acknowledge receipt of the
awarded amount of Rs.5,86,000/- along with interest. The
balance sum of Rs.2,90,400/- would become payable to the
appellants/claimants by the insurance company together
with interest at the rate of 6 per centum on an from the date
of filing of the claim application till the date of payment.
The respondent/insurance company is hereby
directed to pay the sum of Rs.2,90,400/- along with 6%
interest per annum on the from the date of filing of the claim
application till payment within a period of 45 days from the
date of receipt of bank particular of the appellants/claimants.
It is made clear that all payments shall be made via
NEFT/RTGS to the bank account of the appellants/claimants
and for such purpose the counsel for the
appellants/claimants shall furnish the bank account
particulars of the appellants/claimants to the counsel for the
insurance company within two weeks in the proportion as
ordered by the court below.
With the aforesaid directions, the instant appeal is
disposed of.
There shall be no order as to costs.
In view of the disposal of this appeal, connected
applications, if any, are also disposed of.
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.)
