Calcutta High Court (Appellete Side)
Smt. Rama Das & Ors vs New India Assurance Co. Ltd. & Anr on 27 September, 2021
S/L 3
27.9.2021
Court No.26
SD
FMA 599 of 2010
(Via Video Conference)
Smt. Rama Das & Ors.
Vs.
New India Assurance Co. Ltd. & Anr.
Mr. Krishanu Banik
... for the Appellants/Claimants.
Mr. Parimal Kumar Pahari
... for the Respondent/Insurance Co.
This appeal is directed against the judgment and
award dated February 21, 2009 passed by the learned Judge,
3rd Court, Motor Accident Claims Tribunal, Howrah in
M.A.C. Case No.265 of 2005 on a claim under Section 166 of
the Motor Vehicles Act, 1988.
The facts of the case are not in dispute.
Counsel for the appellants/claimants submits that the
Tribunal was wrong in assessing the annual income of the
deceased as Rs.15,000/- per annum instead of Rs.36,000/-
(Rs.3000/- x 12) and further not assessing the general
damages as Rs.70,000/- and also not granted the future
prospect of the victim deceased as 40% as additional income
of his actual income while passing the impugned award
under the present appeal.
Counsel for the respondent/insurance company has
vehemently opposed the submissions and contentions of the
counsel for the appellants. He further submits that the
Tribunal has rightly passed the impugned award since the
same is quite justified and reasonable.
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 Limited vs.
Pranay Sethi & Ors. reported in (2017) 16 SCC 680 the
submissions and the points made by Mr. Banik are accepted.
After considering the submission and rival contention
of the counsel appearing on behalf of the parties, the
impugned award is thus modified as stated hereinafter:-
Particulars Amount (Rs.)
Monthly Income 3,000.00
Annual Income (Rs.3000/- x 12) 36,000.00
Add 40% future prospect (+) 14,400.00
50,400.00
Less 1/3rd on account of personal expenses (-) 16,800.00
33,600.00
Multiplier 15 (Rs.33,600/- x 15) 5,04,000.00
General damages (+) 70,000.00
Total compensation 5,74,000.00
Mr. Banik acknowledges that his clients have already
received a sum of Rs.1,69,500/- together with interest that
has been awarded by the court below and has been paid by
the insurance company, the differential amount which comes
to Rs.4,05,500/- together with 6% interest from date of filing
of the claim application till payment which shall be paid to
the claimants by the insurance company in the same manner
as indicated in the award within 45 days from the date of
receipt of the particulars of their bank accounts to be
supplied by their counsel to the counsel for the insurance
company.
It is made clear that the payments shall be made by
NEFT/RTGS in the proportion as ordered by the Court
below.
With the aforesaid directions, the instant appeal is
disposed of.
There shall be no order as to costs.
In view of the disposal of this appeal, connected
applications, if any, are also disposed of.
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.)
