Calcutta High Court (Appellete Side)
Sm. Anawara Beoa & Anr vs The Chairman on 4 November, 2022
11
04.11.2022
Ct. No.237
pg.
IN THE HIGH COURT AT CALCUTTA
CIVIL APPELLATE JURICTION
APPELLATE SIDE
FMA 1163 of 2007
with
IA No. CAN 2 of 2009 (CAN 1966 of 2009)
Sm. Anawara Beoa & Anr.
Vs.
The Chairman,
Calcutta State Transport Corporation & Anr.
Mr. Parimal Kumar Pahari
... For the respondent no.2/Insurance Co.
None appears on behalf of the appellants/
claimants.
Heard the learned advocate appearing on behalf of
the respondent no.2/National Insurance Company
Limited.
This is an appeal challenging the judgment and
order dated 15th September, 1994 passed by the learned
Judge, Motor Accident Claims Tribunal and Additional
District Judge, 6th Court, Midnapore, in MAC Case No.151
of 1991 granting award of Rs.39,600/-.
The claim petition arose out of an accident alleged
to have been taken place on 2nd March, 1991 at about 2.30
hours while the deceased Ejajul Khan @ Aju Khan was
returning from Junput by cycle through Junput - Contai
and Digha road, adjacent to Contai Park Hotel. Suddenly
CSTC Bus, bearing registration no.WBS/5604, dashed the
2
victim who died on the spot and the accident took place
due to rash and negligent driving of the driver of the Bus.
Deceased was a man of 35 years and was the only earning
member of the family. He earned Rs.1,000/ per month.
The claimants filed the claim application with a
prayer for compensation to the tune of Rs.1,00,000/-.
Respondent no.1/CSTC/owner of the vehicle and
the respondent no.2/National Insurance Company Limited
contested the claim petition under Section 166 of the
Motor Vehicles Act, 1988 by filing their respective written
statements, denying all material allegations in the claim
petition and prayed for dismissal of the same.
In course of the trial, claimant no.1 herself
examined as PW-1 and the son of the deceased was
examined as PW-2. Both the witnesses corroborated the
accident for which Contai Police Station Case No.59 of
1991 dated 2nd March, 1991 under Sections 279/304(A) of
the Indian Penal Code was started. Relevant documents
were marked as Exhibits 1 to 3.
It is not disputed that CSTC Bus was duly insured
with the National Insurance Company Limited at the
relevant point of time.
After considering the evidence on record, the
learned Tribunal came to its findings holding, inter alia,
that daily income of the deceased was not more than
Rs.25/- as a labour, applying multiplier 10 in terms of life
3
expectancy to be of 10 to 12 years. Finally, the learned
Tribunal assessed the compensation at Rs.39,600/-.
Learned advocate appearing on behalf of the
respondent no.2/Insurance Company, in his usual
fairness, submitted that yearly notional income should be
Rs.15,000/- and multiplier should be 16.
On careful scrutiny of the evidence on record, it
appears that at the time of death the deceased was a daily
labour. He was the only earning member of the family
consists of his wife and son. Therefore, in terms of the date
of accident, I find it justified to assess the yearly notional
income at Rs.15,000/-. I am also of the opinion that the
deceased was aged not less than 35 years as it appears
from the evidence of the claimant no.1, the wife of the
deceased, was aged about 34 years at the time of the death
of the deceased. In that view of the matter, multiplier 16
should be applied to assess the compensation. The
appellants/claimants are also entitled to general damages
of Rs.9,500/-.
Accordingly, I determine the award as follows:-
Annual Income Rs. 15,000/-
Less: 1/3rd Deduction Rs. 5,000/-
-------------------
Rs. 10,000/-
Multiplier 16 (Rs.10,000/- x 16) Rs.1,60,000/-
Add: General Damages Rs. 9,500/-
-----------------
Total Rs.1,69,500/-
Less - Awarded by ld. Tribunal (already paid) Rs.39,600/-
ENHANCEMENT Rs.1,29,900/-
For the reasons, it is seen that the
appellants/claimants are entitled to the enhanced
compensation Rs.1,29,900/- 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 appellants/claimants have
already received Rs.39,600/- as awarded by the learned
Tribunal.
The respondent no.2/Insurance Company is
directed to deposit the enhanced amount of Rs.1,29,900/-
along with interest @ 6% per annum from the date of filing
of the claim petition till the actual deposit of the amount
before the office of 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, subject to
payment of additional ad valorem court fees on
Rs.69,500/-.
The learned Registrar General will disburse the
amount to the appellants/claimants on proper
identification and subject to verification of the payment of
ad valorem court fees on the enhanced amount of
Rs.69,500/- by the appellants/claimants.
With the above observation, the appeal, being FMA
1163 of 2007, stands disposed of on merit.
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.)
