Calcutta High Court (Appellete Side)
Dinesh Mudi & Ors vs The Oriental Insurance Company ... on 24 September, 2021
14 24.9.2021 (Via Video Conference)
Sc
F.M.A.T 1159 of 2019
with
I.A. No.CAN 1 of 2021
with
I.A. No.CAN 2 of 2021
--------------
Dinesh Mudi & Ors.
Vs.
The Oriental Insurance Company Limited
& Anr.
Mr. Amit Ranjan Roy
...For the Appellants/
Claimants.
Ms. Sucharita Paul
....For the Respondent/
Insurance Company.
CAN 1 OF 2021
---------------
This is an application for condonation of delay in
filing the instant appeal.
On perusal of the pleadings, 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 is disposed of.
CAN 2 OF 2021
---------------
This is an application for recording attainment of
majority of the appellant/claimant no.2 who has become
a major.
On perusal of the pleading and the documents
annexed, this Court is satisfied and allows such prayer.
Accordingly, the application for attainment of
majority being CAN 2 of 2021 is disposed of. The
department is directed to take steps.
FMAT 1159 of 2019
The instant appeal has been filed by the
appellants/claimants against the judgment and award
dated April 22, 2019 passed by the Additional District
Judge, 3rd Court cum Motor Accident Claims Tribunal,
Paschim Medinipur in M.A.C. Case No. 315 of 2016 (CIS
MACC 315 of 2016) in a claim under Section 166 of the
Motor Vehicles Act, 1988.
The appellants/claimants submit that the deceased
was earning Rs.5000/- per month as a helper of a mason.
However, the tribunal erroneously took the monthly
income to be Rs.4000/-. The appellants/claimants
further submit that the they are entitled to 40% future
prospect on the income of the deceased in view of the law
laid down in Smt. Sarala Verma & Ors. -vs.- Delhi
Transport Corporation & Anr., reported in (2009) 6
SCC 121 and in National Insurance Company Limited
-vs.- Pranay Sethi & Ors., reported in (2017) 16 SCC
680.
Ms. Sucharita Paul counsel appearing on behalf of
the respondent/Insurance Company submits that the
tribunal was correct in accepting the income of the
deceased to be Rs.4000/- in absence of appropriate
documentary evidence.
This Court is inclined to accept the submissions
made on behalf of the Insurance Company. However, it is
now accepted in this Court for some time that 2015
onwards, the basic income has to be taken as Rs.5000/-
per month. Moreover, such amount of Rs.5000/- per
month does not appear to be exorbitant at all for the year
2016, when the accident took place, as an unskilled
worker working on all days could have earned Rs.5000/-
per month. Accordingly, on such basis and considering
the submissions advanced by the counsel for the parties,
in my opinion, the monthly income of the deceased
should be taken as Rs.5000/-.
Accordingly, the impugned award is modified and
recalculated in the manner referred hereinafter.
Particulars Amount (Rs.)
Monthly Income Rs.5,000/-
Add 40% future prospect Rs.2,000/-
-------------
Rs.7,000/-
Annual Income Rs.84,000/
Less 1/3rd for personal expenses Rs.28,000/-
--------------
Rs.56,000/-
Multiplier '16' Rs.8,96,000/-
Add 'General Damages' Rs.70,000/-
TOTAL Principal Compensation Rs.9,66,000/-
LESS - awarded by Tribunal and
paid by insurer Rs.5,82,000/-
BALANCE (enhancement) Rs.3,84,000/-
The claimants/appellants acknowledge receipt of
the awarded amount of Rs.5,82,000/- with interest, in
terms of the direction of the tribunal. Accordingly, the
balance enhanced sum of Rs.3,84,000/- would become
payable to the appellants/claimants by the insurance
company with interest assessed at the rate of 6% 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/appellants.
Counsel for the claimants/appellants will forward
the bank account details of the claimants/appellants
within a fortnight from date to the counsel for the
respondent/Insurance Company. The payment shall be
made to the claimants' bank accounts directly, in the
manner and proportion as 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 department
concerned 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.)
