Calcutta High Court (Appellete Side)
Subir Kumar Mohanta vs National Insurance Co. Ltd on 7 November, 2022
13&14 07.11.2022
NB Ct. 237 COT 4426 of 2005
In
FMA 236 of 2008
Subir Kumar Mohanta
Vs.
National Insurance Co. Ltd.
Mr. Subir Banerjee,
Mr. Sandip Bandyopadhyay,
Ms. Ruxmini Basu Roy.
...for the claimant/cross-appellant.
Mr. Deb Narayan Roy.
...for the respondent/Insurance Co.
This Cross-Appeal No. COT 4426 of 2005 is directed
against the judgment passed in MAC Case No.86 of 2003
passed by the Motor Accident Claims Tribunal, Uttar Dinajpur,
Raiganj under Section 166 of the Motor Vehicles Act awarding
Rs.2,00,000/- (rupees two lakhs only).
The Motor Accident Claim case arose out of an
application filed by the injured Sri Subir Kumar Mohanta who
met an accident while coming towards Raiganj State Town from
Itahar side by cycle through left flank of the road. At that time
the offending vehicle (Bus) bearing no.WB 65/2275 coming
from the Malda side on a very high speed without blowing any
horn dashed against the injured Subir Kumar Mohanta who
sustained injury on his right hand and ultimately taken to
Raiganj Hospital and his right hand was amputated.
In support of his claim petition, one Ganapati Joarder
was examined as PW 2, an employer of the injured as PW 3.
Considering of evidence and exhibited documents,
learned Tribunal granted award of Rs.2,00,000/- (rupees two
lakhs only) in favour of the injured.
In course of argument, learned advocate appearing on
behalf of the injured/appellant submits that learned Tribunal did
not consider the evidence of PW 3 who was the employer of
injured who used to give Rs.5000/- (rupees five thousand only)
per month to the injured. It is further submitted on behalf of the
appellant that learned Tribunal should have taken monthly
income of Rs.5000/- (rupees five thousand only) instead of
Rs.3000/- (rupees three thousand only) and learned Tribunal
did not consider the future prospect at all.
Learned advocate appearing on behalf of the
Insurance Company submits that learned Tribunal has rightly
assessed Rs.3000/- (rupees three thousand only) per month as
monthly income could not be proved by the so-called evidence
of the employer.
After careful perusal of evidence on record as also
documents therein, I find no reason to disbelieve disability in his
case and injury sustained by the claimant and also cannot
ignore the disability certificate (Exhibit 3) and hospital records
(Exhibit 5) showing 70% disability of the injured due to
amputation of right hand.
So far as monthly income is concerned, after careful
perusal of the evidence of PW 3, I do not find any reason to
interefere with the observation of the learned Tribunal as PW 3
claiming himself as employer of the claimant could not show
any single document in support of his office and employment of
the claimant.
In these circumstances, I am of the opinion that
monthly income of Rs.3000/- (rupees three thousand only) is to
be taken for assessment of compensation.
Keeping an eye to the amputation of right hand of the
claimant, I am of the opinion that Rs.1,00,000/- (rupees one
lakh only) should be awarded towards pain and suffering.
However, considering all facts and circumstances, I
determine the compensation as follows.
Monthly Income Rs. 3000.00/-
Annual Income x12
Rs. 36,000.00/-
Add: Future Prospect @10% Rs. 3600.00/-
Rs. 39,600.00/-
Multiplier 11 x 11
Rs. 4,35,600.00/-
Add: Pain and Suffering Rs. 1,00,000/.00/-
Rs. 5,35,600.00/-
Less: Award of Learned Tribunal Rs. 2,00,000.00/-
Balance enhanced Compensation Rs. 3,35,600.00/-
It is reported that claimant has already received
Rs.2,00,000/- (rupees two lakhs only). Claimant is entitled to
balance amount of Rs.1,35,600/- (rupees one lakh thirty five
thousand six hundred only) along with the interest at the rate of
6% per annum from the date of filing of the claim petition till
deposition of the amount before the Office of the Learned
Registrar General, High Court, Calcutta.
Insurance Company is directed to deposit balance of
Rs.3,35,600/- (rupees three lakh thirty five thousand six
hundred only) along with the interest of Rs.6% per annum
within six months from date.
Learned Registrar General will disburse the amount to
the injured along with interest.
COT 4426 of 2005 stands disposed of accordingly.
Urgent photostat certified copy of this order be
supplied to the parties expeditiously, if applied for.
(Bibhas Ranjan De, J.)
