The New India Assurance Co. Ltd vs Naru Gopal Das @ Naru Das & Anr
2022 Latest Caselaw 7806 Cal

    11
24.11.2022
Ct. No.237
    pg.
                          IN THE HIGH COURT AT CALCUTTA
                             CIVIL APPELLATE JURICTION
                                   APPELLATE SIDE

                               FMA 149 of 2012
                                      with
                    IA No. CAN 1 of 2011 (CAN 9309 of 2011)

                           The New India Assurance Co. Ltd.
                                         Vs.
                          Naru Gopal Das @ Naru Das & Anr.



                     Ms. Gopa Das Mukherjee
                          ... For the appellant/Insurance Company


                     None appears on behalf of the respondents even

at the time of second call.

Learned advocate appearing on behalf of the

appellant/Insurance Company is present.

This appeal is pending since 2011. Therefore, the

appeal is taken up for disposal on merit.

This appeal is directed against the judgment and

award passed on 16th August, 2011 by the learned Judge,

Motor Accident Claims Tribunal, 7th Court of Additional

District Judge, 24-Parganas (South), Alipore, in MAC Case

No.150 of 2007 under Section 163A of the Motor Vehicles

Act, 1988.

The claim petition arose out of an accident which

took place on 27th August, 2003 at about 6.40 hours when

the driver of the vehicle bearing registration no. WB-

19A/4098 (Bus) of the route no.SD/17 was proceeding

along Namkhana-Backkhali Road from Frager Gunge side

in rash and negligent manner and endangering human life

and safety to other, dashed one rickshaw van and knocked

down some persons including the victim i.e., Naru Gopal

Das @ Naru Das who sustained severe injury. Thereafter,

he was treated in hospital. According to the claim petition,

Naru Gopal Das @ Naru Das was a fish seller at the

relevant point of time having income of Rs.2,500/- per

month. Accordingly, the claimant/injured filed the claim

petition with a prayer for compensation to the tune of

Rs.1,00,000/-.

The Insurance Company contested the claim

petition by filing the written statements denying all

material allegations in the claim petition.

To prove the case, the claimant examined three

witnesses. The claimant himself examined as PW-1. In

course of his evidence, he narrated the accident and injury

sustained by him. PW-2 Dr. Binoti Das stated in her

evidence that she clinically examined the injured and

found permanent partial disability to the extent of 31%.

PW-3 Abdul Hai Molla, being the Manager of Sonali

Nursing Home, also stated admission of the injured in

their hospital. In course of his evidence, discharge

certificate was admitted in evidence.

On perusal of the evidence, learned Tribunal

assessed the compensation to the tune of Rs.1,57,565/-

after assessing monthly income of Rs.3,000/-.

Learned advocate appearing on behalf of the

appellant/Insurance Company has submitted that the

claim petition disclosed the monthly income of Rs.2,500/-

but the learned Tribunal assessed the monthly income as

Rs.3,000/-. It has been further submitted that the injured

could not produce any document showing his treatment

and admission in the Nursing Home etc. In fact, learned

advocate appearing on behalf of the appellant/Insurance

Company only harps on the point of assessment by the

learned Tribunal in respect of monthly income.

On perusal of the evidence, particularly, PW-1, I do

not find any reason to disbelieve the factum of accident

alleged to have been occurred in this case. So far as the

percentage of disability is concerned, I also cannot

disbelieve the evidence of PW-2 who clinically examined

and issued disability certificate (Ext.-6).

So far as the monthly income is concerned, the

learned Tribunal assessed at Rs.3,000/- per month

instead of Rs.2,500/- as per claim case. It is trite law that

Court can assess the notional income for calculating the

just compensation. From that point of view, I do not find

any wrong on the part of the learned Tribunal in assessing

the monthly income as Rs.3,000/-.

With the above observation, I do not find any

reason to interfere with the judgment and award passed by

the learned Tribunal. Thus, the judgment and award

passed in MAC Case No.150 of 2007 is hereby affirmed.

It is reported that the appellant/Insurance

Company has already deposited the total amount of

compensation of Rs.1,57,565/- on 12th December, 2011

before the office of the learned Registrar General of this

Court.

Therefore, the respondent/claimant is at liberty to

withdraw the awarded amount of Rs.1,57,565/- along with

interest @ 6% per annum from the date of filing of the

claim petition, i.e. on 5th November, 2003 till 12th

December, 2011, the date of deposit of Rs.1,57,565/- by

the Insurance Company before the office of the learned

Registrar General of this Court, along with accrued

interest.

The appellant/Insurance Company is directed to

deposit interest @ 6% per annum from the date of filing of

the claim petition i.e. on 5th November, 2003 till 12th

December, 2011, the date of deposit of Rs.1,57,565/- 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 respondent/claimant is entitled to withdraw

the awarded amount with interest.

The learned Registrar General will disburse the

entire amount with interest to the respondent/claimant on

proper identification.

With the above direction, the appeal, being FMA

149 of 2012, is disposed of.

All pending applications, if there be any, 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.)