Smt. Shephali Sarkar vs The Divisional Manager
2022 Latest Caselaw 7359 Cal

    04
04.11.2022
Ct. No.237
    pg.
                          IN THE HIGH COURT AT CALCUTTA
                             CIVIL APPELLATE JURICTION
                                   APPELLATE SIDE

                                    FMA 1944 of 2001

                                Smt. Shephali Sarkar
                                          Vs.
                               The Divisional Manager,
                          Oriental Insurance Co. Ltd. & Anr.



                      Mr. Saidur Rahaman
                            ... For the appellant/claimant

                      Mr. Sanjay Paul
                            ... For the respondent no.1/Insurance Co.

This appeal is directed against the judgment and

award passed on 22nd March, 2001 by the learned Judge,

Motor Accident Claims Tribunal (Additional District

Judge), Dakshin Dinajpur at Balurghat in MAC Case

No.264 of 2000 under Section 166 of the Motor Vehicles

Act, 1988.

The claim petition filed on account of an accident

which took place on 10th November, 1999 at about 08.00

hours, while the injured/appellant was standing by the

roadside at Paranpur Sib Mandir. Under Balurghat Police

Station, one vehicle bearing registration no.WB-61/0404

proceeding towards Patiram side from Balurghat with high

speed, lost its control and dashed against the

applicant/appellant. As a result, she sustained injury and

taken to Balurghat Sadar Hospital where she was admitted

till 23rd January, 2000.

It was further alleged in the claim petition that the

applicant/appellant was an active woman and she was

performing all household duties and also looked after two

cows of her husband. It was alleged that after the accident,

she was not in a position to walk smoothly as her leg has

been shortened.

In the aforesaid view of the matter, the injured

claimed compensation to the tune of Rs.1,00,000/- from

the Oriental Insurance Company Limited.

During the trial, the claimant herself examined as

PW-1. She corroborated the factum of accident which took

place due to rash and negligent driving of the vehicle

bearing registration no. WB-61/0404. She also

corroborated the statement written in the claim petition

regarding her income and sufferings.

The Learned Tribunal after considering the

evidence and documents exhibited, came to its finding that

the claimant neither proved any disability on her person

after the accident nor proved any specific income. From

that point of view, the learned Tribunal granted

compensation to the tune of Rs.5,000/- only towards pain

and suffering for injury sustained by the claimant.

Learned Tribunal also opined that there was no loss of

earning and she is not entitled to any other compensation.

Being aggrieved, this appeal has been preferred.

In course of argument, learned advocate appearing

on behalf of the appellant/claimant submits that the

claimant, being a housewife, entitled to compensation

towards her loss of earning and the claimant is also

entitled to compensation towards treatment, pain and

sufferings during her admission in the hospital from 10th

November, 1999 to 23rd January, 2000.

Learned advocate appearing on behalf of the

respondent/Insurance Company has submitted that the

amount of Rs.25,000/- is sufficient towards pain and

sufferings and further amount of Rs.5,000/- may be

awarded towards loss of income.

On careful perusal of the evidence on record, I do

not find any kind of disability on the person of the

claimant as that has not been substantiated by any

disability certificate. Evidence shows that the claimant

only suffered fracture injury for which she remained in the

hospital for two and a half months. That apart, no

document has even been filed before the learned Tribunal

showing expenditure towards treatment.

However, considering the sufferings for two and a

half months for the grave injury, I am of the opinion that

the amount of Rs.40,000/- should be awarded for pain

and sufferings and Rs.10,000/- towards loss of income.

Therefore, the appellant/claimant is entitled to

total compensation of Rs.50,000/- along with interest @

6% per annum from the date of filing of the claim petition,

till the deposit of the amount before the office of the

learned Registrar General.

It is reported that the amount awarded by the

learned Tribunal has already been received by the

appellant/claimant. However, the appellant/claimant is

entitled to receive further amount of Rs.45,000/- along

with interest @ 6% per annum from the date of filing of the

claim petition, till the deposit of the amount before the

office of the learned Registrar General.

The respondent no.1/Insurance Company is

directed to deposit the enhanced amount of Rs.45,000/-

along with interest @ 6% per annum from the date of filing

of the claim petition till the actual deposit of the amount

before the learned Registrar General of this Court within

six weeks from the date of this order.

The appellants/claimants will be entitled to

withdraw the enhanced amount with interest.

The learned Registrar General will disburse the

entire amount to the appellant/claimant on proper

identification.

With the above observation, the appeal, being FMA

1944 of 2001, stands disposed of.

All pending applications, if there be any, also stand

disposed of.

Records of the learned Tribunal be transmitted

back immediately.

Urgent photostat certified copy of this order, if

applied for, be given to the parties, upon compliance of

necessary formalities.

(Bibhas Ranjan De, J.)