Calcutta High Court (Appellete Side)
Krishna Das & Ors vs United India Insurance Co. Ltd. & ... on 28 September, 2021
S/L 9
28.9.2021
Court No.26
SD
FMA 286 of 2021
(Via Video Conference)
Krishna Das & Ors.
Vs.
United India Insurance Co. Ltd. & Anr.
Mr. Amit Ranjan Roy
... for the Appellants/Claimants.
Mr. Parimal Kumar Pahari
... for the Respondent/Insurance Co.
This appeal is directed against the judgment and
award dated February 20, 2019 passed by the learned
Additional District & Sessions Judge, RD Court, Motor
Accident Claims Tribunal, Paschim Medinipur in M.A.C.
Case No.127 of 2017 on a claim under Section 166 of the
Motor Vehicles Act, 1988 for the death of one 27 years old
Suvendu Das in a road traffic accident dated January 11,
2017.
Various points have been raised by the
appellants/claimants in the instant appeal challenging the
quantum of compensation.
Mr. Roy, counsel appearing on behalf of the appellants
submitted that the income of Rs.3000/- per month of the
victim considered by the Judge, was inadequate. It is further
pleaded that claimants have also been deprived by the
learned Judge for not granting 40% additional income
towards future prospect since the deceased was 27 years old.
Lastly, it is submitted that the Tribunal 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, counsel
appearing on behalf of the insurance company, submitted
that the Tribunal rightly assessed the income of Rs.3000/-
per month notionally in absence of documentary evidence.
Mr. Pahari further submits the Tribunal committed error in
law while granted Rs.1,00,000/- in place of Rs.70,000/-
under the full component of general damages. Lastly, he
submits that the learned Judge erred in applying the
multiplier of 18 instead of 17, in respect of the age of the
deceased.
Heard the submissions of the parties and considering
the judgments 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 Limited 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 submission of the
appellants. For the year 2017, in a claim under Section 166
of the Act, 1988 an amount of Rs.5000/- per month does not
appear to be exorbitant. The appellants are justified in
praying for an addition of 40% on account of 'future
prospect'.
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.
Mr. Pahari rightly submitted that appellants are
entitled to Rs.70,000/- only towards 'general damages' and
multiplier shall be 17 in respect of the age of the deceased, in
view of the settled law.
Accordingly, the impugned award is thus modified
and recalculated as follows:-
Particulars Amount (Rs.)
Annual Income (Rs.5000/- x 12) 60,000.00
Deduction 1/3 (-) 20,000.00
40,000.00
Add 40% future prospect (+) 16,000.00
Total annual loss of income 56,000.00
Multiplier 17 (Rs.56000/- x 17) 9,52,000.00
General damages (+) 70,000.00
Total compensation 10,22,000.00
Tribunal awarded (-) 5,32,000.00
Payable 4,90,000.00
Counsel for the appellants acknowledges that his
clients have already received the compensation of
Rs.5,32,000/- without interest. Therefore, the insurance
company is directed to pay the balance sum of Rs.4,90,000/-
together with interest assessed at the rate of 6% per annum,
on and from the date of filing of the claim application within
45 days from the date of receipt of the bank particulars of the
claimants in the same proportion and manner as indicated in
the award.
Accordingly, for the reasons given hereinbefore on the
point of interest, the claimants/appellants shall also be
entitled to get the same rate of interest, i.e., 6% per centum
as directed above, on the awarded amount of Rs.5,32,000/-
from the date of filing of the claim application till the
payment made by the respondent/insurance company.
It is made clear that the payments shall be made by
insurance company through NEFT/RTGS to the bank
accounts of the claimants and for such purpose counsel for
the claimants shall furnish bank particulars of the claimants
to the counsel for the insurance company within two weeks.
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.)
