Calcutta High Court (Appellete Side)
Chandana Hembram vs The National Insurance Co. Ltd. & ... on 24 September, 2021
24.09.2021
ss
F.M.A.T. 1364 of 2017
I.A. CAN 1 of 2021
( Via Video Conference )
Chandana Hembram
Vs.
The National Insurance Co. Ltd. & ors.
Mr. Rajdeep Bhattacharya
...For the Appellant/claimant
Ms. Sucharita Paul
... For the respondent No.1/Insurance Co.
CAN 1 of 2021
This is an application for condonation of delay in filing
the instant appeal.
On perusal of the pleadings and considering the arguments
made on behalf of both the parties, this Court is satisfied that
cause 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
being CAN 1 of 2021 stands allowed.
F.M.A.T. 1364 of 2017
The above appeal has been filed by the claimant against
the judgement and order 15th April, 2016, passed by the Learned
Judge, Motor Accident Claims Tribunal and Additional District
Judge, 2nd Court, Barasat, North 24 Parganas in M.A.C. Case
No.766 of 2014 in a claim under Section 166 of the Motor
Vehicles Act, 1988.
The appellant submits that the claimants are entitled to
50% future prospects on the income of the 39 years old deceased
who was working as an Assistant Sub-Inspector with the West
Bengal Police. The appellant further submits that the claimants
are also entitled to a total sum of Rs.70,000/- under the collective
heads of general damages in view of the law as it stands now
after the judgments delivered by the Hon'ble Supreme Court in
the case of National Insurance Company Ltd. Vs. Pranay Sethi
& Ors., reported in (2017) 16 SCC 680.
Insurance Company is represented.
Accordingly, after considering the submissions as
advanced by the learned advocates for the parties, the impugned
award is modified and reassessed as follows:
Particulars Amount (Rs.)
Monthly income 17,752.00
Add 50% future prospect (+) 8,876.00
26,628.00
Annual income X 12 3,19,536.00
Less: 1/3rd personal expenses (-) 1,06,512.00
2,13,024.00
Multiplier of 15 to be used (x) 15 31,95,360.00
Collective heads of General Damages (+) 70,000.00
32,65,360.00
Less: Awarded amount (-) 21,39,740.00
Differential amount 11,25,620.00
The claimants acknowledge receipt of the entire awarded
amount of Rs.21,39,740/- along with interest. The balance
amount of Rs.11,25,620/- would become payable to the claimants
by the Insurance Company together with interest assessed
@ 6 per cent per annum, 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 claimants. Learned advocate for
the claimants will forward the bank account details of the
claimants within a fortnight from date to the learned advocate for
the insurance company. The payment shall be made in the
proportion decided by the Court below
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.)
