Calcutta High Court (Appellete Side)
Mobina Bibi & Anr vs The Oriental Insurance Co. Ltd. & ... on 27 September, 2021
27.09.2021
ss F.M.A. 161 of 2021
( Via Video Conference )
Mobina Bibi & anr.
Vs.
The Oriental Insurance Co. Ltd. & anr.
Mr. Muktakesh Das
...For the Appellants/claimants
Mrs. Sayanti Santra
... For the respondent No.1/Insurance Co.
The instant appeal is directed against the
judgment and award dated December 11, 2019 passed by
the learned Member, Motor Accident Claims Tribunal cum
District Judtge, Nadia in MAC Case No. 161 of 2016 in a
claim under Section 166 of the Motor Vehicles Act,1988
for the accidental death of Khos Mohamod Sekh on
17.02.2016.
The facts of the case are not in dispute.
The claim was filed under Section 166 of the Motor
Vehicles Act, 1988. The learned Advocate for the
appellant/claimants submit that the learned Tribunal
committed error in law while not assessing the monthly
income of the deceased as Rs.4,500/- instead of
Rs.3,000/-.
Fact of the case is that one Khos Mohamod Sekh
died in motor vehicle accident at the age of 23 years and
used to earn Rs.4,500/- per month as self-employed
khalashi of lorry. The legal heirs being the appellants
herein are claiming for compensation on that account.
Mr. Das, learned Counsel appearing on behalf of
the appellants/claimants submits that the learned
Tribunal had committed error in law while adopting
multiplier 17 instead of 18 as per judgement of the
Hon'ble Supreme Court in the case of Smt. Sarla Verma
& ors. Vs. Delhi Transport Corporation & anr., reported
in (2009) 6 SCC 121.
Mr. Das submits that the learned Tribunal had
committed error in law while not granting 40% additional
income towards future prospect since the deceased was
23 years old self-employed person.
Mr. Das also submits that the learned Tribunal
has also committed error in law while not granting
Rs.25,000/- for funeral expenses and Rs.15,000/- for
loss of estate towards general damages.
Mrs. Sayanti Santra, learned Counsel appearing
on behalf of the respondent no.1/insurance company
submits that the learned Tribunal is just while not
assessing monthly income of the deceased as Rs.4,500/-
as the claimants failed to produce any cogent evidence
and/or any income proof before the learned Tribunal to
establish monthly income of the deceased.
Be that as it may, considering the rival
submissions of the parties as well as observations of the
Hon'ble Supreme Court in the case of Sarla Verma
(supra) as well as in the case of National Insurance
Company Ltd. Vs. Pranay Sethi & ors. reported in
(2017) 16 SCC 680 as well as general practice of our
High Court, the award passed by the learned tribunal is
modified and recalculated as follows :-
Particulars Amount
Monthly income Rs.4,500/-
Annual income X12 Rs.54,000/-
Add : Future Prospect 40% Rs.21,600/-
Total Income Rs.75,600/-
Less : 50% for personal expenses Rs.37,800/-
Annual loss of dependency Rs.37,800/-
Multiplier '18' (Rs.37,800 18) Rs.6,80,400/-
Add : General damages Rs.30,000/-
(Rs.15,000/- for funeral expenses
Rs.15,000/- for loss of estate)
Total compensation Rs.7,10,400/-
The claimants/appellants also submit that they
have received the awarded amount of Rs.3.10.000/- along
with interest in terms of direction of the learned Tribunal.
Accordingly, the balance enhanced sum of Rs.4,00,400/-
would become payable to the appellants/claimants by the
insurance company together with interest assessed @ 6%
p.a. on and from the date of filing of the claim petition till
actual payment within a period of 45 days from the date
of receipt of the bank account particulars of the
claimants.
It is made clear that the payment shall be made by
NEFT/RTGS in the same manner and proportion as per
award.
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
application, if any, is also disposed of.
L.C.R., if any, be returned back to the court below
forthwith.
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.)
