Calcutta High Court (Appellete Side)
United India Insurance Co. Ltd vs Smt. Geeta Ghosh & Ors on 21 November, 2022
13
21.11.2022
Ct. No.237
pg.
IN THE HIGH COURT AT CALCUTTA
CIVIL APPELLATE JURICTION
APPELLATE SIDE
FMA 59 of 2008
United India Insurance Co. Ltd.
Vs.
Smt. Geeta Ghosh & Ors.
Mr. Parimal Kumar Pahari
... For the appellant/Insurance Company
None appears on behalf of the respondents/
claimants. Learned advocate appearing on behalf of the
appellant/United India Insurance Company Limited is
present.
The appeal is taken up for disposal on merit
considering its long pendency.
This appeal has been preferred against the
judgment and award dated 30th April, 2007 passed by the
learned Judge, Motor Accident Claims Tribunal, Additional
District Judge, Alipore, 24-Parganas (South), in MAC Case
No.147 of 2006 under Section 166 of the Motor Vehicles
Act, 1988 wherein the learned Tribunal passed an award
of compensation to the tune of Rs.5,77,651/-.
The claim petition was filed by the injured herself
on account of an accident which she met with on 5th
November, 2002 at about 4.30 p.m. On that date and time,
the injured Smt. Geeta Ghosh was travelling by a Bus
bearing registration no.WB-33/5320 through Midnapore
Road at Haldia. It was alleged that the vehicle was plying
with high speed and in negligent manner and as a result,
it turned upside down and passengers of the Bus,
including the claimant, sustained injury. The claimant
sustained fracture injury on her right leg and she
sustained permanent and partial disability to the extent of
40%. That is why she filed the claim petition for the
compensation to the tune of Rs.8,50,000/- with interest.
In course of the trial, four witnesses adduced and
among them the injured examined herself as PW-2 and
she stated about the manner of accident and injury
sustained by her. She has also stated about her
employment and salary.
PW-1, Dr. P.K. Mondal, proved the Disability
Certificate showing 40% disability, who in his evidence has
stated that he examined the injured and found 40%
permanent partial disability. He has further stated that he
did not treat the injured at any point of time. He only
issued the certificate on perusing x-ray reports and
treatment-sheet and has further deposed that the injuries
he found were non-schedule injuries.
PW-3 Biharilal Kar proved the employment of the
injured who was a School Teacher drawing salary of
Rs.15,973/-.
PW-4 claiming himself to be an eyewitness has
stated that had seen the offending Bus bearing registration
no.WB-33/5320 which was running with high speed and
before arriving at Mecheda, the said Bus dashed a stack of
brick and turned upside down. As a result, passengers
sustained injuries.
From the aforesaid evidence, I find that the injured
sustained no pecuniary loss as she was a School Teacher
and it is not the case of the injured that her salary was
stopped or she could not attend school after the accident
till her superannuation. Therefore, by no stretch of
imagination I can come to any conclusion that the injured
sustained any pecuniary loss, save and except non-
pecuniary loss like pain and suffering.
In the aforesaid view of the circumstances, I am
unable to hold that the injured/claimant has lost her
earning capacity and I find that the learned Tribunal made
an error granting compensation to the tune of
Rs.5,77,651/- but the injured/claimant is entitled to the
amount of award towards non-pecuniary loss, i.e., pain
and suffering only.
I am of the humble view that the injured/claimant
is entitled to get Rs.1,00,000/- along with interest @ 6%
per annum from the date of filing of the claim petition till
the date of deposit of Rs.5,77,651/- by the Insurance
Company before the office of the learned Registrar General
of this Court.
It is reported that the appellant/United India
Insurance Company Limited has already deposited the
entire amount of Rs.5,77,651/- as awarded by the learned
Tribunal before the office of the learned Registrar General.
The appellant/Insurance Company is directed to
deposit the Rs.1,00,000/- along with interest @ 6% per
annum from the date of filing of the claim petition till the
date of deposit of Rs.5,77,651/- by the Insurance
Company before the office of the learned Registrar General
of this Court, within six weeks from the date of this order.
The appellant/Insurance Company is at liberty to
withdraw the surplus amount from the office of the
learned Registrar General.
The learned Registrar General is requested to
disburse the amount along with interest to the
respondent/claimant on proper identification and proof.
With the above observation, the appeal, being FMA
59 of 2008, stands disposed of on merit.
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.)
