Calcutta High Court (Appellete Side)
Amrita Singh And Ors vs The Oriental Insurance Company ... on 11 January, 2022
16 11.01.
2022
AGM
RKB
Ct
07 FMA 1038 of 2021
With
IA No: CAN 1 of 2021
Amrita Singh and Ors
Vs
The Oriental Insurance Company Limited & Anr
(Via Video Conference)
Mr. Subhankar Mondal,
... For the Appellants.
Mr. Parimal Kumar Pahari,
... For the Respondents.
Learned advocate for both the parties conjointly
urges for expeditious disposal of this appeal, even
going to the extent of giving a go by to the
technicalities involved in the process.
Mr. Subhankar Mondal, learned advocate
appearing for the appellants/claimants submits
that all the relevant papers necessary for
adjudication of this appeal are with him, and the
same may be furnished, which is not opposed by
Mr. Parimal Kumar Pahari, learned advocate
appearing for the respondents/Insurance
Company.
When both the parties are ad idem on this
issue, the Court finds no wrong in taking up this
appeal for the financial sufferings, faced by the
claimants/appellants.
Primarily, two grounds are urged in this appeal
pertaining to non-consideration of future prospects
and deduction of personal expenses to the extent of
1/3 of the deceased, which should have been ¼
instead of 1/3.
Mr. Mondal submits that the grant of future
prospect has already been addressed by the Apex
Court, and it is the settled proposition of law that
future prospects should be granted in an
appropriate case. Mr. Mondal to support his
submission has referred a decision reported in
(2013) 7 SCC 476 delivered in the case of Vimal
Kanwar -Vs- Kishore Dan, wherein it was
propounded that compassionate appointment, if
given, cannot be construed to be a bar in granting
additional amount towards future prospects.
According to Mr. Mondal, the Court below has
erred in law in refusing future prospects upon
erroneous consideration of a fact that one of the
claimants has already been favoured with
compassionate appointment.
Mr. Mondal has further submitted that learned
Tribunal has committed erred in law, while
deducting 1/3 instead of ¼ of income of the
deceased towards the personal expenses, which
should have been ¼ bearing in mind the
dependants left behind by the deceased.
Per contra, Mr. Pahari representing the
Insurance Company submits that learned Tribunal
has considered the pros and con of the case and
rightly decided the appeal granting adequate
compensation, and there is no scope for making
any enhancement towards the quantum of
compensation, as proposed by learned advocate for
the appellants.
The attention of this Court is drawn to the
judgments rendered in 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, which are
obviously operative over the field of granting future
prospects and the deduction applicable towards
the personal expenses of the deceased.
Having considered the submissions of the
learned advocate for the appellants and upon
perusal of the judgments referred hereinabove,
there is strong force in the submission advanced
by learned advocate for the appellants. There is
thus justification to re-visit the award in context
with aforesaid decisions so as to make the award
just, proper and perfect.
Accordingly the impugned award is modified
and recalculated in the manner referred
hereinabove:
Monthly income Rs. 24,286/-
(gross income less tax) Rs. 24,286/-
Annual income Rs 2,91432/-
(Rs. 24,286 X 12)
Add 50% future prospects Rs.1,45,716/-
Total income Rs. 4,37,148/-
Less personal expenses (1/4th) Rs 1,09,287/-
Loss of annual dependancy Rs. 3,27,861/-
Compensation (multiplier 17) Rs. 55,73,637/-
Add general damages Rs. 70,000/-
Total compensation Rs. 56,43,637/-
The claimants acknowledge receipt of the
awarded amount of Rs. 33,72,930/- along with
interest. Accordingly, the balance enhanced sum of
Rs. 22,70,707/- would become payable to the
appellants by the Insurance Company, together with
interest assessed at the rate of 6 per cent 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
bank account particulars of the appellants. Learned
advocate for the appellants will forward the bank
account details of the appellants within a fortnight
from date to learned advocate for the insurance
company. The payment shall be made in the
proportion decided by the Court below by any NEFT
or RTGS.
With the aforesaid directions, the instant appeal
is disposed of.
In view of the disposal of the appeal, connected
applications, if any, are also disposed of.
The concerned department is directed to tag the
applications, if any, with the main appeal.
The Lower Court Records, if received, be
returned to the learned Court below with the copy of
this order.
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 al formalities on priority basis.
(Subhasis Dasgupta, J)
