Calcutta High Court (Appellete Side)
Sunita Bardhan & Anr vs The Oriental Insurance Company ... on 7 November, 2022
33 07.11.2022
tbsr Ct. 237
FMA 268 of 2009
CAN 2 of 2010 (Old No: CAN 4955 of 2010) (Not in file)
Sunita Bardhan & Anr.
Vs.
The Oriental Insurance Company Limited & Anr.
Mr. Krishanu Banik
.....for the appellants
Mr. Sanjay Paul
.....for the respondents
Being aggrieved by and dissatisfied with the
judgment passed in Motor Accident Claim Case No.
9/36 of 2007 granting award of Rs. 1,91,700/-, the
claimants have preferred this appeal.
The claim case arose out of a petition under
Section 163(A) of the Motor Vehicles Act claiming the
compensation to the tune of Rs. 5,00,000/- on account
of death of the son of the claimants, namely, Sandip
Bardhan. The said deceased son of the claimants met
an accident on 02.01.2007 near Tringi on GT Road by
the involvement of a truck within the jurisdiction of
Galsi Police Station. At that time, the said deceased
was on duty in the said truck and an accident took
place due to rash and negligent driving of the driver of
the truck bearing no. WB 23/5856. The son of the
claimants, Sandip Bardhan died in Burdwan Medical
College & Hospital.
Accordingly, the claim petition was filed with the
prayer for compensation to the tune of Rs. 5,00,000/-.
The Insurance Company contested the
application by filing written statement denying all
material allegations of the claim petition contending,
inter alia, that claimants were not entitled to any
compensation from the Insurance Company.
In course of the trial, claimant mother of the
deceased examined in this case as PW1. In course of
this evidence, she stated that her son was drawing
salary of Rs. 300/- per month and he died in an
accident by the involvement of a truck bearing No. WB
23/5856.
After taking all the evidences and documents on
record, the learned Tribunal assessed the
compensation on the basis of monthly income of Rs.
1800/- and after applying multiplier 13, learned
Tribunal awarded total compensation of Rs. 1,91,700/-.
This is a case under Section 163(A) of the Motor
Vehicles Act, so there is no need to prove the rash and
negligent driving of the vehicle involved in the accident.
Evidence shows that accident took place on 02.01.2007
by the involvement of the truck bearing no. WB
23/5856 for which Galsi Police Station Case No.
5/2007 dated 02.01.2007 under Section 279/304A of
the Indian Penal Code started.
In the aforesaid view of the matter, I do not find
any reason to interfere with the findings of the learned
Tribunal regarding happening of the accident.
It is also not disputed that son of the claimants
died due to accident in the Burdwan Medical College
and Hospital on 03.01.2007.
Considering all the evidence on record, I am of
the opinion that monthly income of Rs. 3,000/- will be
justified in assessing compensation after applying
multiplier 17 instead of 13.
In view of the aforesaid discussion, I determine
the compensation in the following manner:-
1. Monthly Income be assessed as Rs. 3,000/-
2. Annual Income be assessed as (Rs.3,000 X 12) Rs. 36,000/-
3. 1/3rd Deduction (36,000-12000) Rs. 24,000/-
4. Multiplier as per age of 17 (Rs. 24,000/- X 17) Rs.4,08,000/-
5. General Damages Rs. 4,500/-
Rs. 4,12,500/-
6. Less Awarded amount already received Rs. 1,91,700/-
Rs. 2,20,800/-
Accordingly, claimants are entitled to
compensation to the tune of Rs. 4,12,500/-.
It is reported that claimants have already
received the entire awarded amount of Rs. 1,91,000/-
along with interest.
Therefore, the claimants are entitled to balance
amount of Rs. Rs. 2,20,800/- along with the interest @
6% per annum from the date of filing of the claim
petition till the date of deposit of the amount.
Respondents/Insurance Company is directed to
deposit the amount of Rs. 2,20,800 along with the
interest before the Office of the learned Registrar
General within six weeks from the date of this order.
Learned Registrar General is also requested to
disburse the amount to the claimants in equal share on
proper identification.
Accordingly, the appeal being FMA 268 of 2009
stands disposed of.
Any interim applications, if pending, stands
disposed of as well.
Record of the Tribunal be transmitted back to the
Tribunal at once.
Urgent photostat certified copy of this order, if
applied for, be supplied to the parties upon compliance
with all requisite formalities.
(Bibhas Ranjan De, J.)
