Calcutta High Court (Appellete Side)
26 2021 Chaina Marjit (Maji) & Anr vs 6 The National Insurance Co. Ltd. & ... on 22 September, 2021
Ct.
No. 22.9 F.M.A.T. 559 of 2016
26 2021 Chaina Marjit (Maji) & Anr.
Vs.
6 The National Insurance Co. Ltd. & Ors.
akb ( Via Video Conference )
Ms. Sima Ghosh ...For the Appellants /Claimants
Mr. Debnarayan Roy ...For the Respondent/Insurance Co.
Since the original application is not found in the
file, photostat copy of the application for condonation of
delay is taken on record by treating the same as original one.
This is an application for condonation of delay in
filing the instant appeal. On perusal of the pleadings, this
Court is satisfied that the causes shown for delay in filing of
the appeal is sufficient and prayer for condonation of delay
should be allowed.
Accordingly, the application for condonation of
delay stands allowed.
The appeal is directed against the judgment and
award dated July 29, 2015 passed by the learned Additional
District Judge, Motor Accident Claims Tribunal, Rampurhat,
Birbhum (hereinafter referred to as the learned Tribunal
Judge), in M.A.C. Case No. 16 of 2014, on a claim under
Section 166 of the Motor Vehicles Act, 1988 for the death of
one Sitan Marjit, in a road accident on February 10, 2007.
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
appellants/claimants that the learned Tribunal committed
error in law while assessing annual income of the deceased.
Lastly, claimants submit that the learned Judge erred in not
granting 'interest' on the compensation amount.
In reply, Mr. Debnarayan Roy, learned Counsel
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 awarded amount.
However, following the precedence of this Court
on the point of interest, I find substance in the arguments of
the appellants/claimants in a claim of the Motor Vehicles
Act, 1988, interest amount at the rate 6% per annum does not
appear to be exorbitant.
Accordingly, the impugned award is modified and
recalculated in the manner referred hereinbelow :
Annual Income Rs. 30,000/-
1/3rd deduction (personal Expenses) Rs. 20,000/-
The figure comes
Use Multiplier (15) (20,000 X 15) Rs. 3,00,000/-
Collective General Damages Rs. 4,500/-
Total Compensation Rs. 3,04,500/-
The claimants/appellants acknowledge receipt of
the awarded amount of Rs.3,04,500/- without interest.
Accordingly, the Insurance Company must calculate the
interest assessed at the rate of 6% per annum on and from
the date of filing of the claim petition till the date of awarded
sum already paid by the Insurance Company within a period
of 45 days from the date of receipt of the bank particulars of
the appellants.
Learned Counsel for the claimants will forward the
bank account details of the appellants within a fortnight from
date to the learned Counsel for the Insurance Company. The
payment shall be made to the claimants' bank accounts
directly in the same manner and proportion as decided by the
Court below.
With the aforesaid directions, the instant appeal is
disposed of.
In view of disposal of the appeal, all connected
applications, if any, are also disposed of. The concerned
Department is directed to trace out the applications and tag
with this appeal.
There will 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.)
