Calcutta High Court (Appellete Side)
Gourab Goswami & Anr vs Sriram General Insurance Co. Ltd. ... on 5 August, 2022
05.08.2022
20
ss
F.M.A. 477 of 2022
CAN 1 of 2022
Gourab Goswami & anr.
Vs.
Sriram General Insurance Co. Ltd. & anr.
Mr. Amit Ranjan Roy
... For the appellants/claimants
Mr. Rajesh Singh
... For the respondent/Insurance Co.
Assailing the compensation as awarded by the
learned Judge, Motor Accident Claims
Tribunal(hereinafter be referred to as the Tribunal), Fast
Track Court-IV, Krishnagar, Nadia in M.A.C.C. No. 22 of
2018 as the inadequate compensation the appellants,
Gourab Goswami and Pratiba Goswami have preferred
the instant appeal. By the judgment dated 29.09.2021,
the learned Tribunal directed the respondent no.1, Sriram
General Insurance Company Limited, to pay the
compensation of Rs.30,07,906/- together with interest at
the rate of 6% per annum from the date of filing of claim
application to the claimants.
Background
facts which led the filing of the claim
application under Section 166 of the Motor Vehicles Act
and which are necessary for adjudication may be
summed up as under:-
On 16th December, 2017, at about 10.30 a.m.
Narayan Goswami, son of Late Dhirendra Mohan
Goswami of Paschim Kamarthuba, P.S. Chapra, District
Nadia, was standing in front of Rasulullahpur Madrasah.
At that time one auto rickshaw being No.WB-89/1002
coming in an excessive speed and driven in rash and
negligent manner dashed him. As a result of which he
sustained injuries on his person and he died on the spot.
The victim was an assistant teacher of Rasulullahpur
Senior Madrasah and he used to get salary of Rs.50,022/-
per month. He died at the age of 59 years.
Owing to rash and negligent driving on the part of
the offending vehicle, the accident took place and the
victim lost his life because of the accident. At the time of
accident the offending vehicle was insured with the
respondent no.1, Sriram General Insurance Company
Limited.
Owing to the sudden demise of the victim, the
claimants who happen to be his son and daughter, fell in
an acute financial distress.
On the grounds as above, the claimants sought for
compensation of Rs.32,09,564/- and interest thereon.
The respondent No.1, the Insurance Company
contested the claim application by filing a written
statement wherein it denied the allegations/averments in
the claim application and sought for dismissal of the
claim application.
Upon hearing learned Advocates appearing for the
parties and on consideration of the evidence on record,
the learned Tribunal partly allowed the claim application
and awarded the compensation as indicated above.
No appeal or cross-objection has been preferred by
the Insurance Company. That being so, the
uncontroverted findings of the learned Tribunal show
that due to rash and negligent driving on the part of the
driver of the offending vehicle the accident took place and
the victim breathed his last because of the accident.
Learned lawyer appearing for the appellants
submits that the learned Tribunal erred in deducting one-
half out of the income of the victim towards his personal
and living expenses. Learned lawyer submits that the
victim was married and the claimants are his son and
daughter. In such context, learned lawyer by citing
paragraph 30 of the decision in the case of Sarla Verma
Vs. Delhi Transport Corporation and others, reported
in 2009(6) SCC 121, submits that the deduction on the
count of personal and living expenses should be 1/3 rd
instead of 1/2.
However, learned lawyer submits that he does not
dispute with the compensation on the other counts as
awarded by the learned Tribunal.
Per contra, learned lawyer for the respondent no.1
submits that the learned Tribunal erred in awarding
compensation on the count of general damages to the
extent of Rs.70,000/-. Learned lawyer points out that the
wife of the deceased predeceased him and as such, the
claimants are not entitled spousal consortium of
Rs.40,000/- as awarded by the learned Tribunal.
As held by the Hon'ble Apex Court at paragraph 30
of the case of Sarla Verma (supra), deduction on the
count of living and personal expenses should be 1/3 rd if
the victim had upto three family members, irrespective of
dependancy.
Admittedly, the deceased died leaving behind the
appellants/claimants as his son and daughter. Therefore,
the deduction on the count of personal and living
expenses should be to the extent of 1/3rd instead of 1/2.
Admittedly, the wife of the victim predeceased him.
So the claimants are not entitled to get Rs.40,000/- as
spousal consortium as awarded by the learned Tribunal.
However, learned lawyer for the appellants does not
dispute the compensation as awarded by the learned
Tribunal on other counts.
In view of the above, the award passed by the
learned Tribunal requires modification in the following
manner:-
Particulars Amount
Monthly income 47,309.25
Annual Income
Rs.47,309.25 X 12 5,67,711.00
Deduction to the extent of 1/3rd
(Rs.5,67,711 - 1,89,237) 3,78,474.00
Total loss of yearly income 3,78,474.00
Future prospects @ 15%
(Rs.3,78,474.00 + 56,711 4,35,245.00
Adopting Multiplier 9
Considering the age of the victim
As of 59 years
(Rs.4,35,245.00 X 9) 39,17,205.00
General Damages -
Loss of estate Rs.15,000.00
Funeral expenses Rs.15,000.00 30,000.00
Total compensation i.e. loss of
dependency (Rs.39,17,205 + 30,000) 39,47,205.00
Admittedly, the claimants received compensation of
Rs.30,07,906/-. Therefore, the claimants are now
entitled to get further compensation of Rs.9,39,299/-
(Rs.39,47,205 - Rs.30,07,906).
As correctly observed by the learned Tribunal, the
claimants are entitled to get interest @ 6% p.a. on the
awarded amount of money from the date of the claim
application.
Therefore, on modification of the award passed by
the learned Tribunal, the respondent no.1 is directed to
deposit further awarded amount of Rs.9,39,299/- and
interest @ 6% p.a. thereon from the date of filing of the
claim application, i.e. from 16.2.2018 by way of cheque
with the learned Registrar General of this High Court
within five weeks from date.
After such amount of money is deposited, the
learned Registrar General shall release the amount to the
claimants in equal share as expeditiously as possible,
after being satisfied with the identity of the claimants.
With the aforesaid direction, the appeal and
connected application, if any, stand disposed of.
No order as to costs.
Let a copy of this order be sent to the learned
Tribunal for information.
Urgent certified copies of this order, if applied for,
be given to the parties upon compliance with all requisite
formalities.
< (Rabindranath Samanta, J.)
