Mallika Ghosh & Ors vs The Nationalinsurance Co. Ltd. & ...
2021 Latest Caselaw 5081 Cal

27.09.2021
  ss                              F.M.A. 282 of 2021
                                 ( Via Video Conference )

                                    Mallika Ghosh & ors.
                                             Vs.
                            The NationalInsurance Co. Ltd. & anr.

                     Mr. Amit Ranjan Roy
                                        ...For the Appellants/claimants
                     Mr. Parimal Kumar Pahari
                                 ... For the respondent No.1/Insurance Co.

The instant appeal is directed against the judgment

and award dated January 20, 2020 passed by the learned

Judge, Motor Accident Claims Tribunal, 2nd Court, Burdwan in

MAC Case No.15 of 2017 in a claim under Section 166 of the

Motor Vehicles Act, 1988 for the death of one 45 years old Kali

Sankar Ghosh in a road traffic accident on 21st March, 2014.

Various points have been raised by the appellants/

claimants in the instant appeal challenging the quantum of

compensation.

Mr. Roy, learned Counsel appearing on behalf of the

appellants/claimants submits that the monthly income of

Rs.3,000/- of the victim considered by the learned Judge was

inadequate. It is further pleaded that the learned Tribunal had

also committed error in law in not granting interest on the

awarded sum from the date of filing of the claim application.

Accordingly, it has been argued that meager amount of

compensation has been awarded by the tribunal in the instant

case.

Per contra, Mr. Parimal Kumar Pahari, learned

Advocate appearing on behalf of the insurance company

submits that the learned Tribunal rightly assessed the income

of Rs.3,000/- per month notionally in absence of any

documentary evidence.

Considering the judgements of the Hon'ble Apex Court

in the case of Smt. Sarla Verma & Ors. Vs. Delhi Transport

Corporation & Anr., reported in (2009) 6 SCC 121 and

National Insurance Company Ltd. 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 appellants. For the year

2014, in a claim under Section 166 of the Motor Vehicles Act,

1988, an amount of Rs.4,000/- per month does not appear to

be exorbitant.

Accordingly, this Court is of the view that the

compensation amount should carry interest from the date of

filing of the claim application as it is well settled under Section

171 of the Motor Vehicles Act, 1988.

Accordingly, the impugned award is modified in the

following manner :-

       Particulars                                     Amount (Rs.)

       Yearly income (Rs.4000 X 12)                    Rs.48,000/-
       Less: Deduction 1/3rd                       (-) Rs.16,000/-
                                                       Rs.32,000/-
       Add: 25% future prospects             (+)      Rs.8,000/-
       Total Annual loss of income                  Rs.40,000/-
       Multiplier '14' (age 45 years)              Rs.5,60,000/-
       Add 'General Damages'                       Rs.70,000/-
       TOTAL Principal Compensation                 Rs.6,30,000/-
       LESS - awarded by Tribunal and
              paid by insurer         (-) Rs.4,90,000/-
       BALANCE (enhancement)                        Rs.1,40,000/-

Mr. Roy acknowledges that his clients have already

received the awarded amount of Rs.4,90,000/- without

interest. Accordingly, the insurance company is directed to pay

the balance sum of Rs.1,40,000/- 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.

For the reasons given hereinabove on the point of

interest, the claimants/appellants are also entitled to get the

same rate of interest, that is, @ 6% per annum as directed

above on the awarded amount of Rs.4,90,000/- from the date

of the claim application till the payment made by the

respondent/insurance company.

It is made clear that all the payments shall be made by

the insurance company through NEFT/RTGS to the bank

accounts of the claimants and for such purpose the learned

Advocate for the claimants shall furnish bank account

particulars to the learned Advocate for the insurance company

within two weeks.

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.)