Calcutta High Court (Appellete Side)
26 2021 Smt. Nilu Karmakar & Ors vs The New India Assurance Co. Ltd. & ... on 22 September, 2021
Ct.
No. 22.9 F.M.A. 402 of 2010
26 2021 Smt. Nilu Karmakar & Ors.
Vs.
1 The New India Assurance Co. Ltd. & Ors.
akb ( Via Video Conference )
Mr. Subir Banerjee ...For the Appellants /Claimants
Mr. Parimal Kumar Pahari ...For the Respondent/Insurance Co.
Ms. Ruxmini Basu Roy ...For the Respondent No. 3/Claimant
The appeal is directed against the judgment and
order dated July 02, 2008 passed by the learned Judge,
Motor Accident Claims Tribunal (District Judge), Jalpaiguri,
in M.A.C. Case No. 52 of 2008, on a claim under Section
166 of the Motor Vehicles Act, 1988 for the death of one
Biplab Karmakar, aged about 35 years in a road accident
dated February 22, 2007.
Various points have been raised by the
appellants/claimants in the instant appeal.
It is submitted on behalf of the claimants that the
learned Tribunal wrongly assessed the annual income of the
deceased as Rs.15,000/- per annum while the deceased used
to earn Rs.7,500/- per month as an agent of M/s. Basil
International Ltd. Further, the appellants were not granted
any amount under the head 'future prospect'. The claimants
also submit that they were erroneously given only Rs.9,500/-
instead of Rs.70,000/- under the full component of 'general
damages'. Lastly, the claimants submit that the learned
Judge erred in not granting 'interest' on the compensation
amount. Accordingly, it was argued that a lesser quantum of
compensation has been wrongfully awarded by the learned
Tribunal.
Learned Counsel representing the respondent No. 3
/ claimant adopted the submission of the claimants /
appellants.
Per contra, the 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.
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 and also following the
precedence of this Court on the point of monthly income, I
find substance in the arguments of the claimants. For the
year 2007 in a claim under Section 166 of the Motor
Vehicles Act, 1988 an amount of Rs.3,000/- per month does
not appear to be exorbitant. Appellants are justified in
praying for 40% addition on account of 'future prospect' on
the income of the deceased.
The appellants however admit that considering the
age of the deceased the correct multiplier should be '16' and
not '17' as applied by the learned Tribunal.
Accordingly, the impugned award is modified and
recalculated in the manner referred hereinbelow :
Monthly Income Rs. 3,000/-
Annual Income (3,000 X 12) Rs. 36,000/-
Add 40% future prospects Rs. 14,400/-
Rs. 50,400/-
1/3rd deduction (personal Expenses) Rs. 16,800/-
The figure comes Rs. 33,600/-
Use Multiplier (16) (33,600 X 16) Rs. 5,37,600/-
Add: General Damages Rs. 70,000/-
Rs. 6,07,600/-
Less : Award of Tribunal Rs. 1,80,000/-
Balance enhanced amount Rs. 4,27,600/-
The claimants/appellants No. 1 and 2 and
claimant/respondent No. 3 acknowledged the receipt of the
awarded amount of Rs.1,80,000/- in terms of the direction of
the learned Tribunal. Accordingly, the balance enhanced
sum of Rs.4,27,600/- would become payable to the claimants
by the Insurance Company, together with interest assessed at
the rate of 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. The
Insurance Company will also pay interest at the rate of 6%
per annum on the awarded amount of Rs.1,80,000/- (already
paid) till the payment made.
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 equal proportion.
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.
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.)
