Calcutta High Court (Appellete Side)
26 2021 Motishree Devi Prasad & Anr vs 3 National Insurance Co. Ltd on 13 September, 2021
Ct.
No. 13.9 F.M.A.T. 374 of 2015
26 2021 Motishree Devi Prasad & Anr.
Vs.
3 National Insurance Co. Ltd.
akb ( Via Video Conference )
Mr. Ali Imam Shah
Mr. Sk Abbasuddin ...For the Appellants/Claimants
Mr. Deb Naraya Ray ...For the Respondent/Insurance Co.
The appeal is directed against the judgment and
award dated January 27, 2015 passed by the learned Judge,
Motor Accident Claims Tribunal, Fast Track 2nd Court,
Burdwan, in M.A.C. Case No. 83 of 2013.
The claim application was filed under Section 166
of the Motor Vehicles Act, 1988. The learned Counsel for
the appellants/claimants submits that the learned Tribunal
committed an error in law while assessing the income of the
deceased at Rs. 15,000/- per annum instead of Rs. 36,000/-.
He further submits that the learned Tribunal committed an
error in law while holding general damages as Rs. 5,000/-
instead of Rs.30,000/-.
In reply, Mr. Deb Narayan Ray, learned Counsel
for the respondent/Insurance Company submits that the
award passed by the learned Tribunal is absolutely just and
proper and there is no scope of interference and/or
modification of the award.
Considering 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, since the accident
occurred in the year 2013, in a claim under Section 166 of
the Motor Vehicles Act, 1988 an amount of Rs.3,000/- per
does not appear to be exorbitant. Appellants are also
justified in praying for income Rs. 3,000/- per month and the
general damages shall be Rs. 30,000/- instead of Rs. 5,000/-.
Accordingly, the impugned award is modified and
recalculated in the manner as stated hereinafter :
Monthly income Rs. 3,000/-
Annual Income Rs. 36,000/-
50% deduction for personal Expenses Rs. 18,000/-
Use Multiplier (15) (18,000 X 15) Rs. 2,70,000/-
Add: General Damages Rs. 30,000/-
Just & Total Compensation Rs. 3,00,000/-
Less: Awarded sum already paid Rs. 1,55,000/-
Enhanced sum RS. 1,45,000/-
Mr. Shah acknowledges that the appellants /
claimants received the entire awarded sum of Rs.1,55,000/-
along with interest in terms of the direction of the learned
Tribunal. Accordingly, the balance enhanced sum of
Rs.1,45,200/- 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.1,45,200/- 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
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.)
