Calcutta High Court (Appellete Side)
The New India Assurance Co. Ltd vs Nazma Bibi & Ors on 22 November, 2022
22.11.2022
List - D/L.
Sl No.14.
Mithun
Ct.No.237.
IA No.CAN/1/2011 (Old No:CAN/2461/2011)
in
FMA 532 of 2011
The New India Assurance Co. Ltd.
Vs.
Nazma Bibi & Ors.
Mr. Parimal Kumar Pahari, Adv.
...for the appellant/New India Assurance Co Ltd.
Mr. Jayanta Kumar Mondal, Adv.
...for the respondent/claimants.
This is an appeal directed against the judgement
and award passed in MAC Case No.1 of 2009 passed by
the learned Motor Accident Claims Tribunal, District
Judge, Durgapur, District: Burdwan whereby learned
Tribunal awarded Rs.15,00,000/- towards
compensation. The claim petition arose on account of
death of one Mofizul Sk., husband of claimant No.1, on
18.11.2008 at 4:20 hours while the victim along with
other members was going to Kolkata for treatment of one
Hajera Bibi with vehicle bearing No.WB-40N-6455
(Bolero). When they reached near Dankuni Toll Plaza
suddenly one truck bearing No.WB 41D-2945 standing
in front of the said Bolero started reversing with a high
speed and without any signal, dashed the said Bolero
car. As a result, Mofizul Sk. received severe injuries on
his person. He was taken to Uttarpara Hospital and
thereafter shifted to Peerless hospital, Kolkata where the
victim died on 26.11.2008. After the accident Dankuni
Police Station Case No.185 of 2008 dated 18.11.2008
under Sections 279/338/427/304A of the IPC was
started against the driver of the Truck bearing No.
WB41D-2945 and charge-sheet was also filed
accordingly against the driver of the said truck.
Insurance Company only contested the claim
petition by filing written statement denying all facts
delineated in the claim petition and prayed for
exemption from paying compensation.
In course of trial 4 witnesses were examined i.e.
claimant No.1 herself as P.W.1 who stated all the
incident as well as age and income of the deceased at
the time of death. She stated that at the time of death
deceased used to earn Rs.1,09,880/- p.a. from his
business and accordingly she claimed Rs.15,00,000/-.
P.W.2, Monuruddin Sk claimed himself to be an
eye witness to the incident. He being the passenger of
the Bolero car lodged FIR before the Dankuni Police
Station after the incident.
Lombu Kora, Duftary of the Income Tax Office,
Durgapur deposed as P.W.3. He stated about annual
income as shown in the return for the Assessment year
2008-09 as Rs.1,09,880/-.
One Amit Kumar Mitra from National Neuro
Science Centre, Kolkata deposed in this case as P.W.4
and proved the medical bills.
In course of evidence a good number of documents
were admitted as Exbt.1 to 16. On behalf of the
Insurance Company, the driver of the truck was
examined as OPW 1.
Learned Tribunal considered the entire evidence
on record including the documents admitted and
returned his finding that claimants were entitled to
compensation to the tune of Rs.15,00,000/-.
In course of argument, learned Advocate
appearing on behalf of the Insurance Company has
referred to evidence of OPW No.1 and tried to make this
Court understand that at the time of accident the truck
was stationary near Dankuni Toll Plaza and for that
reason driver of the said truck was not responsible for
the accident.
From the evidence of P.W.2 and FIR, it appears
that P.W.2 was also travelling on the same Bolero car
along with victim and others and he saw the accident
and narrated the entire incident. According to P.W.2
that suddenly said truck started reversing with a high
speed and dashed the Bolero car standing behind the
truck. This fact was further corroborated by the
investigation of the Dankuni police station case No.185
of 2008 dated 18.11.2008 and it also appears on record
that after investigation charge-sheet was filed against
the driver of the truck. Therefore, by no stage of
imagination, I can accept the view of "stationary".
So far as the income of the deceased is concerned,
P.W.3, one of the employees of Income Tax Department
proved the annual income of the deceased at the time of
death by submitting returns for the Assessment year
2008-09. So I do not find any reason to disbelieve the
amount of income of the victim at the time of death.
In that view of the matter, learned Tribunal rightly
assessed the compensation after taking the income of
Rs.1,09,880/- p.a.
With the aforesaid observations, I find no other
alternative to affirm the judgment passed by the learned
Tribunal in connection with MAC No.1 of 2009. Thus
appeal stands dismissed.
It is reported that Insurance Company only
deposit the statutory amount of Rs.25,000/- before the
office of the Registrar General, High Court, Calcutta.
Thus, Insurance Company is directed to deposit
the entire awarded amount along with interest @ Rs.6%
per annum from the date of filing of the application till
the deposit of the amount before the office of the
Registrar General, within six weeks from the date of this
order, after deducting the statutory amount of
Rs.25,000/-.
Claimants are at liberty to withdraw the amount.
Learned Registrar General is requested to disburse
the amount among the claimants in equal share.
Let a copy of this order along with the Tribunal
Record be transmitted back.
All pending applications, if there be any, stands
disposed of.
Urgent photostat certified copy of this order, if
applied for, be supplied to the parties subject to
compliance with all requisite formalities.
(Bibhas Ranjan De, J)
