Calcutta High Court (Appellete Side)
Kalpana Bera & Anr vs Cholamdalam Ms General Insurance on 14 November, 2022
17
14.11.2022
Ct. No.237
pg.
IN THE HIGH COURT AT CALCUTTA
CIVIL APPELLATE JURICTION
APPELLATE SIDE
FMA 148 of 2012
with
IA No. CAN 2 of 2022
Kalpana Bera & Anr.
Vs.
Cholamdalam MS General Insurance
Company Limited & Anr.
Mr. Amit Ranjan Roy
... For the appellants/claimants
Mr. Rajesh Singh
... For the respondent no.1/Insurance Co.
Being aggrieved by and dissatisfied with the
judgment and award passed on 3rd May, 2011 by the
learned Judge, Motor Accident Claims Tribunal, Additional
District Judge, 3rd Court, Paschim Medinipur, in MAC
Case No.150 of 2010 under Section 166 of the Motor
Vehicles Act, 1988 whereby the learned Judge awarded
compensation to the tune of Rs.2,93,000/-, this appeal
has been preferred for enhancement of the awarded
amount.
The claim petition arose out of an accident which
took place on 20th February, 2010 at about 9/9.30 a.m.
while the victim Purna Chandra Bera was proceeding
towards Monoharpore Hut from his house. All on a
sudden, one Lorry, bearing registration no.WB-51/8847,
coming with high speed from the opposite direction in rash
2
and negligent manner, dashed the deceased and as a
result, he sustained severe injury and died on the spot.
Following the accident, Dantan Police Station Case No.29
of 2010 dated 21st February, 2010 under Sections
279/304A of the Indian Penal Code was started against
the driver of the Lorry. The claim petition has been filed
with a prayer for compensation to the tune of
Rs.6,00,000/-.
Cholamdalam MS General Insurance Company
Limited contested the case by filing written statement
denying all material allegations in the claim petition
contending, inter alia, that the claimants are not entitled
to any compensation as prayed for. The owner of the
vehicle did not contest the case by filing any written
statement.
To prove the case, the claimants examined as
many as two witnesses, namely, Dipak Das as PW-1 and
Sankar Bera, father of the deceased, was examined as PW-
2. In course of their evidence, a good number of
documents, including charge sheet, post-mortem report
and insurance policy were admitted in evidence as
Exhibits 1 to 4.
Learned Tribunal considering the entire evidence
on record, assessed notional income of the deceased is
Rs.3,000/- per month and after applying multiplier 16,
assessed total compensation to the tune of Rs.2,93,000/-
including general damages of Rs.5,000/-.
3
So far as the accident is concerned, the
appellants/claimants have succeeded to prove the rash
and negligent driving of the offending Lorry by adducing
evidence of PW-2 (father of the deceased) who stated before
this Court that he witnessed the accident which took place
due to rash and negligent driving of the Lorry and his
evidence was further substantiated by the First
Information Report and the charge sheet. Therefore, I do
not find any reason to interfere with the observation of the
learned Tribunal in this regard.
So far as the income of the deceased is concerned,
admittedly, no evidence was adduced in this case and,
therefore, the learned Tribunal rightly assessed Rs.3,000/-
per month as notional income. But the learned Tribunal
did not consider any compensation towards future
prospect or general damages in view of the facts of the
case.
Now, after applying the multiplier 18, I assess the
compensation in the following manner as follows:-
Monthly Income Rs. 3,000/-
Annual Income (Rs.3,000/- x 12) Rs. 36,000/-
Less: 50% Deduction personal expenses Rs. 18,000/-
Add: Future prospect (@ 40%) Rs. 7,200/-
-------------------
Rs. 25,200/-
Multiplier by 18 (Rs.25,200/- x 18) x 18
Rs.4,53,600/-
Add: General Damages Rs. 30,000/-
Total Rs.4,83,600/-
Less - Awarded by ld. Tribunal Rs.2,93,000/-
ENHANCEMENT Rs.1,90,600/-
For the reasons, it is seen that the
appellants/claimants are entitled to the total
compensation to the tune of Rs.4,83,600/- along with
interest @ 6% per annum from the date of filing of the
claim petition, i.e., on 16th April, 2010, 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.2,93,000/- along with interest as
awarded by the learned Tribunal. Therefore, the
appellants/claimants are entitled to the balance amount of
Rs.1,90,600/- along with interest @ 6% per annum from
the date of filing of the claim petition, i.e., on 16th April,
2010, till the deposit of the amount before the office of the
learned Registrar General.
Accordingly, the respondent/Insurance Company
is directed to deposit the enhanced amount of
Rs.1,90,600/- along with interest @ 6% per annum from
the date of filing of the claim petition i.e., on 16th April,
2010, 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 are entitled to withdraw
the enhanced amount with interest.
The learned Registrar General will disburse the
amount to the appellants/claimants in equal share on
proper identification.
With the above observation, the appeal, being FMA
148 of 2012, stands disposed of.
All pending applications, if there be any, also stand
disposed of.
Records of the learned Tribunal along with a copy
of this order 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.)
