Calcutta High Court (Appellete Side)
Shibani Chattopadhyay & Anr vs National Insurance Co. Ltd. & Anr on 15 September, 2021
4 15.9.2021 (Via Video Conference)
Sc
F.M.A. 890 of 2013
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Shibani Chattopadhyay & Anr.
Vs.
National Insurance co. Ltd. & Anr.
Mr. Jayana Kumar Mondal
...For the Appellants/
Claimants.
Mr. Samim Ahammed
Mr. Aniruddha Singh.
...For the Respondent/
Insurance Company.
The appeal is directed against the Judgment and
award dated June 5, 2012 passed by the Motor Accident
Claims Tribunal, Special Judge-cum-Additional District &
Sessions Judge at Burdwan in MAC Case No.03 of
2010/08 of 2010 in a claim under Section 166 of the
Motor Vehicles Act, 1988 for the death of one 'Biswapati
Chattopadhyay' in a vehicular accident dated November
06, 2009.
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 tribunal has erroneously not considered the
'future prospect' of the deceased. The claimants further
plead that the tribunal erred in granting only Rs.9,500/-
under the collective heads of 'general damages'.
Accordingly, it was argued that a lesser quantum of
compensation has been wrongfully awarded by the
tribunal.
Per contra, learned advocate representing the
Insurance company argues that in the facts and
circumstances of the case, the award is just and
reasonable and there is no further scope of enhancement
of the same.
Considering the judgements of Smt. Sarla 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. Appellants are justified in
praying for 30% addition of income on account of 'future
prospect'. The appellants/claimants should also be made
entitled to Rs.70,000/- under collective heads of general
damages. Accordingly, the impugned award is modified
and recalculated in the manner referred hereinafter.
Particulars Amount (Rs.)
Monthly Income Rs.13,971/-
Annual Income Rs.1,67,652/
Less 1/3rd for personal
expenses (Rs.55,884/-) Rs.1,11,768/-
Add 30% future prospect
(Rs.33,530/-) Rs.1,45,298/-
Multiplier '13' Rs.18,88,874/-
Add 'General Damages' Rs.70,000/-
TOTAL Principal Compensation Rs.19,58,874/-
LESS - awarded by Tribunal and
paid by insurer Rs.14,62,484/-
BALANCE (enhancement) Rs.4,96,390/-
The appellants/claimants acknowledge receipt of
the awarded amount of Rs.14,62,484/- with interest, in
terms of the direction of the tribunal. Accordingly, the
balance enhanced sum of Rs.4,96,395/- would become
payable to the appellants/claimants by the Insurance
Company with interest assessed @6% 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/claimants.
Learned advocate for the appellants/claimants will
forward the bank account details of the
appellants/claimants within a fortnight from date to the
learned advocate for the Insurance Company. The
payment shall be made to the appellants'/claimants'
bank accounts directly, in the proportion as decided by
the Court below.
With the above direction, the instant appeal is
disposed of.
In view of disposal of this appeal, connected
applications, if any, are also disposed of. The department
concerned is directed to tag the applications, if any with
the main appeal.
There will be no order as to costs.
LCR, if already called for, 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.)
