Rumela Bibi & Anr vs The National Insurance Co. Ltd. & ...
2021 Latest Caselaw 4856 Cal

15.09.2021
  ss
                                F.M.A. 1017 of 2018
                                    ( Via Video Conference )

                                   Rumela Bibi & anr.
                                           Vs.
                          The National Insurance Co. Ltd. & anr.


                   Ms. Sima Ghosh
                                          ...For the appellants/claimants
                   Mr. Debnarayan Roy
                           ... For the respondent no./insurance company

The instant appeal is directed against the

judgment and order dated May 8, 2017 passed by the

learned Additional Judge, Motor Accident Claims

Tribunal, 4th Court, Berhampore, Murshidabad in MAC

Case No. 270 of 2012 on a claim under Section 166 of the

Motor Vehicles Act, 1988 for the death of one Mohidul

Hque @ Maidul Haque (17 years old), a rickshaw puller

who earned Rs.3,000/- per month, in a road accident

dated 06.05.2012.

Various points have been raised by the

appellants/claimants in the instant appeal challenging

the quantum of compensation. It is submitted on behalf

of the appellant that the learned Tribunal committed

error in law while assessing annual income and the

multiplier should be applied as per deceased's age not his

father/parents age.

It is also submitted on behalf of the appellants/

claimants that the learned Tribunal committed error in

law while assessing annual income of the victim that

future prospect not granted which should be 40%

increase as claimant being a labour of unorganised sector

and also general damages that he is entitled to on the

basis of non-pecuniary damages in the instant case.

In reply, Mr. Roy, learned Advocate for the

respondent/insurance company submits that the award

passed by the learned Tribunal is absolutely just and

there is no scope for interference and/or modification of

the award.

Considering the judgement passed in 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 and also following the precedence of

this Court on the point of monthly income, I find

substance in the arguments of the appellants, under

Section 166 of the Motor Vehicles Act, 1988, an amount

of Rs.3,000/- per month does not appear to be exorbitant.

The appellants are justified in praying for 40% additional

amount towards future prospect, since the deceased (18

years old) was an unorganised sector employee/rickshaw

puller. The appellants also raise the question of non-

pecuniary damages which collectively should be

Rs.30,000/-. Accordingly, the impugned award is

modified and recalculated in manner referred

hereinafter:-

    Particulars                               Amount
 Monthly income                              Rs.3,000/-
Add : Future prospect 40%                    Rs.1,200/-
Total monthly income                         Rs.4,200/-
Annual Income (X12)                         Rs.50,400/

Less : 1/2 deduction for personal expenses Rs.25,200/-

Multiplier '18'
(Rs.25,200/- X 18)                        Rs.4,53,600/-

Collective General damages          (+)     Rs.30,000/-
Total compensation                        Rs.4,83,600/-

The claimants acknowledge receipt of the awarded

amount of Rs.1,29,500/- along with interest in terms of

the direction of the tribunal. Accordingly, the balance

enhanced sum of Rs.3,54,100/- would become payable to

the appellants/claimants by the insurance company

together with interest assessed at the rate of 6 per cent

per annum on and from the date of filing of the claim

petition, that is, 19.07.2012, till the date of its final

payment within a period of 45 days from the date of

receipt of the bank account particulars of the appellants.

Advocate for the appellants will forward the bank account

details of the appellants within a fortnight from date to

Advocate for the insurance company.

It is made clear that the payments shall be made

by NEFT/RTGS as per award.

With the aforesaid directions the instant appeal

is disposed of.

In view of the disposal of this appeal, connected

applications, if any, are also disposed of. The concerned

Department is directed to tag the applications, if any,

with the main appeal.

There will be no 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.)