Calcutta High Court (Appellete Side)
26 2021 National Insurance Co. Ltd vs 3 Anjum Khatun & Ors on 24 September, 2021
Ct.
No. 24.9 F.M.A. 1401 of 2016
26 2021 National Insurance Co. Ltd.
Vs.
3 Anjum Khatun & Ors.
& With
4
akb
C.O.T. 13 of 2017
Anjum Khatun & Ors.
Vs.
National Insurance Co. Ltd.
( Via Video Conference )
Mr. Parimal Kumar Pahari ...For the Appellant/Insurance Co. &
Respondent in COT 13 of 2017
Mr. Ali Imam Shah ...For the Respondents/Claimants &
Appellants in COT 13 of 2017
By consent of the parties, both the appeals are
taken up for hearing analogously by treating the cross
appeal, being COT 13 of 2017, as on day's list.
The concerned Department is directed to trace out
and tag the said cross appeal along with this appeal, being
FMA 1401 of 2017.
The appeal is directed against the judgment and
award dated August 31, 2015 passed by the learned Judge,
Motor Accident Claim Tribunal, learned Additional District
& Sessions Judge, Fast Track Court, Durgapur, in M.A.C.
Case No. 89 of 2012 / 76 of 2012 in a claim under Section
166 of the Motor Vehicles Act, 1988 for the death of one
Md. Nasiruddin in a road accident dated April 04, 2012.
Learned Counsel for the appellant Insurance
Company submits that the learned Tribunal committed error
in law while awarding compensation in the instant case by
considering the yearly income of Rs.2,77,424/- without
deducting the income tax therefrom.
He further submits that the learned Tribunal
committed error in law by adding 30% income of the
deceased victim as future prospect but did not deduct
personal expenses from the said additional income as future
prospect.
In reply Mr. Ali Imam Shah, learned Counsel for
the respondents/claimants submit that the learned Tribunal
committed an error in law in not granting 50% additional
income towards 'future prospect' as the deceased had a
permanent job, he was an employee of Durgapur Steel Plant
and he was 39 years 3 month and 5 days at the time of
accident.
In view of the law as it stands now, after the
decisions pronounced by 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, the claimants are entitled to 50%
additional income as 'future prospect' of the deceased.
Therefore, the impugned award is thus modified
and recalculated as stated hereinafter :
Annual Income (2,28,804-P.Tax 1380-Income Ta) Rs. 2,24,928/-
50% Additional income toward future prospect Rs. 1,12,464/-
Total Income Rs. 3,37,393/-
rd
1/3 deduction for personal Expenses Rs. 1,12,464/-
Contribution to his family Rs. 2,24,928/-
Use Multiplier (15) for 36 to 40 years Rs. 33,73,932/-
Loss of Consortium Rs. 40,000/-
Loss of Estate Rs. 15,000/-
Funeral Expenses Rs. 15,000/-
Total Compensation Rs. 34,43,932/-
The compensation amount of Rs.34,43,932/-
(Rupees thirty-four lakhs forty-three thousand nine hundred
and thirty-two only) shall carry interest at the rate of 6% per
annum on and from the date of filing of the claim application
till the date of payment.
Mr. Pahari, learned Counsel appearing for the
appellant/Insurance Company submits that his client has
deposited a sum of Rs.45,93,267/- with the learned Registrar
General, High Court, Calcutta and the same has been
invested in a nationalised bank in short term auto renewal
basis.
Learned Counsel for the claimants admit that the
claimants had withdrawn 50% of the total amount deposited
by the Insurance Company without furnishing any security.
In light of the above submissions, the respondents /
claimants shall furnish particulars of their respective bank
accounts with the Registrar General of this Court as
expeditiously as possible. Upon receipt of such details, the
Registrar General is directed to pay the balance amount
along with accrued interest to the claimants / respondents in
accordance with law in the same manner and proportion of
the award as decided by the Court below within a period of
four weeks by way of NEFT/RTGS in their respective banks.
The Registrar General shall check the veracity of
the bank account and the identity of the
claimants/respondents before disbursing the amount.
With the aforesaid directions, the instant appeal
being F.M.A. 1401 of 2016 shall stand disposed of.
Consequently, the Cross Objection of the claimants, being
COT 13 of 2017 is accordingly disposed of.
There shall be no further order as to costs.
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.
The Registry is directed to send down the lower
Court records at once, if received by this time.
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.)
