Calcutta High Court (Appellete Side)
Chitra Sinha & Ors vs The National Insurance Company ... on 21 November, 2022
16
21.11.2022
Ct. No.237
pg.
IN THE HIGH COURT AT CALCUTTA
CIVIL APPELLATE JURICTION
APPELLATE SIDE
FMA 749 of 2009
with
IA No. CAN 2 of 2022
Chitra Sinha & Ors.
Vs.
The National Insurance Company Limited & Ors.
Mr. Amit Ranjan Roy
... For the appellants/applicants/claimants
Mr. M.P. Chakraborty
... For the respondent no.1/Insurance Co.
In re: CAN 2 of 2022
This application was filed by the applicants/
appellants/claimants but the original application is not in
the record. Learned advocate on behalf of the
applicants/appellants/claimants has submitted a copy
which is being treated as original.
Department is directed to tag the original
application with the file.
Learned advocate on behalf of the applicants/
claimants has referred to this application pending for
disposal. The prayers of the applicants/claimants are that
the twin minors of the claimant no.1 have attained
majority and the name of the claimant no.3, Nilendra
Sinha, has been changed as Ayush Sinha according to the
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birth certificate as well as a copy of the affidavit filed with
this application.
Heard both sides.
Both the prayers are allowed, subject to payment
of court fees for one application.
Department is directed to make necessary
corrections in the cause title of the Memorandum of
Appeal.
CAN 2 of 2022 stands disposed of.
In re: FMA 749 of 2009
This appeal is directed against the judgment and
award passed on 30th July, 2007 by the learned Judge,
Motor Accident Claims Tribunal, Additional District Judge,
Fast Track Court, Durgapur, District - Burdwan, in MAC
Case No.15 of 2006/63 of 2005 under Section 166 of the
Motor Vehicles Act, 1988 whereby the learned Judge
awarded compensation to the tune of Rs.1,79,500/-.
The claim petition arose on account of death of one
Agnideep Sinha, husband of the claimant no.1 and father
of the claimant nos.2 and 3 in a motor accident. On 17th
March, 2005 at about 17.30 hours, the deceased was
travelling in a Maruti Car bearing registration no.WB-
42B/7475 towards Calcutta from Burdwan. When the car
reached Nich Dankuni on Durgapur Express Way,
suddenly a Truck bearing registration no.HR-55B/4594
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coming from opposite direction with high speed and in
negligent manner collided with the Maruti Car and as a
result the victim Agnideep Sinha sustained injury and
succumbed to death at the age of 34 years and he was
earning Rs.6,000/- per month from salary and business.
The respondents/owners did not contest the claim
case but the National Insurance Company Limited
contested the case by filing written statement denying all
material allegations in the claim petition contending, inter
alia, that the driver of the offending Truck had no valid
licence at the relevant point of time and the Insurance
Company is not liable to pay any compensation.
In course of trial, three witnesses were examined to
prove the case. The claimant no.1, wife of the victim, was
examined as PW-1, who corroborated the facts stated in
the claim petition and she claimed Rs.8,25,000/- as
compensation.
One Sajal Das was examined as PW-2 and claimed
himself to be an eye-witness of the incident. He narrated
the accident which took place on 17th March, 2005 at
about 17.30 hours by the involvement of a Truck bearing
registration no.HR-55B/4594.
One Tapas Sarkar, the General Manager of Ruhr
Ispat Pvt. Ltd., deposed in this case as PW-3 and he
proved the employment of the deceased in the Company
and also of his salary of Rs.5,000/- per month.
4
In course of evidence, First Information Report,
charge sheet, insurance policy, employment certificate,
salary certificates etc. were admitted in evidence as Exhibit
1 to 7.
After considering the evidence on record, the
learned Tribunal assessed Rs.15,000/- per annum as
income of the deceased and thereby after calculating the
compensation applying multiplier 17, the entire award of
compensation comes to Rs.1,79,500/-.
In assessing the income per annum, the learned
Tribunal observed that the claimants could not produce
any valid documents in support of the income of the
deceased. But, from the record, it is found that the
General Manager of Ruhr Ispat Pvt. Ltd. examined as PW-3
in this case, in course of his evidence, both salary
certificate and letter of appointment were admitted in
evidence as Exhibit-7. Therefore, it is not intelligible that
why the learned Tribunal assessed the income at
Rs.15,000/- per annum instead of Rs.60,000/- per annum
as the monthly income of Rs.5,000/- has been proved by
the evidence of PW-3 and documents exhibited in this
case. It is true that the claimants could not produce any
document or evidence in support of the business of the
deceased, but that does not mean that the claimants failed
to prove the income of the deceased at the time of death.
In the aforesaid view of the facts and
circumstances, I assess monthly income of the deceased
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as Rs.5,000/- and Rs.60,000/- per annum and to assess
the compensation, multiplier 16 shall be applied instead of
17.
Accordingly, I determine the amount of
compensation in accordance with the principles laid down
by the Hon'ble Apex Court as follows:-
Monthly Income Rs. 5,000/-
Annual Income (Rs.5,000/- x 12) Rs. 60,000/-
Less: 1/3rd Deduction (personal expenses) Rs. 40,000/-
(Rs.60,000/- x 1/3rd = Rs.40,000)
Add: Future prospect (@ 50%) Rs. 20,000/-
-------------------
Rs. 60,000/-
Multiplier by 16 (Age 34 years) X 16
Rs. 9,60,000/-
Add: General Damages Rs. 70,000/-
Total Rs.10,30,000/-
Less - Awarded by ld. Tribunal Rs. 1,79,500/-
ENHANCEMENT Rs. 8,50,500/-
For the reasons, it is seen that the
appellants/claimants are entitled to the total
compensation of Rs.10,30,000/- along with interest @ 6%
per annum from the date of filing of the claim petition, i.e.,
on 4th October, 2005 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.1,79,500/- as awarded by the learned
Tribunal. Therefore, the appellants/claimants are entitled
to the balance amount of Rs.8,50,500/- along with interest
@ 6% per annum from the date of filing of the claim
petition, i.e., on 4th October, 2005 till the deposit of the
amount before the office of the learned Registrar General.
Accordingly, the respondent no.1/Insurance
Company is directed to deposit the enhanced amount of
Rs.8,50,500/- along with interest @ 6% per annum from
the date of filing of the claim petition, i.e., on 4th October,
2005 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 balance award amount with interest, subject to
payment of additional ad valorem court fees on the
amount of Rs.25,500/- (Rs.8,50,500/- - Rs.8,25,000/-)
before the learned Tribunal.
The learned Registrar General will disburse the
entire amount to the appellants/claimants in equal share
on proper identification.
With the above observation, the appeal, being FMA
749 of 2009, is 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.)
