Calcutta High Court (Appellete Side)
Rina Panchal & Ors vs Basanti Bhowal & Anr on 7 September, 2022
27
07.09.2022
Ct. No.237
pg.
IN THE HIGH COURT AT CALCUTTA
CIVIL APPELLATE JURICTION
APPELLATE SIDE
FMAT 1407 of 2012
with
IA No. CAN 1 of 2016 (CAN 9274 of 2016)
Rina Panchal & Ors.
Vs.
Basanti Bhowal & Anr.
Mr. Purna Chandra Maity
Mr. M. Ram Mandal
... For the Appellants/Claimants
Mr. Rajesh Singh
... For the Respondent/Insurance Company
This appeal is directed against the judgment
passed on 5th September, 2012 by the learned Judge, City
Civil Court, Calcutta in MAC Case No.71 of 2009 whereby
the learned Judge awarded the compensation of
Rs.3,91,000/- to be paid by respondent New India
Assurance Company Limited to the appellants/claimants
in disposing an application under Section 166 of the Motor
Vehicles Act, 1988.
On behalf of the appellants/claimants, three
witnesses were examined. From the evidence, it appears
that at the time of accident which took place on 26th
October, 2008 at about 10.20 hours by the involvement of
a bus bearing registration no. WB-19A/4569 while he was
travelling as a pillion rider in a motor cycle. At the time of
accident, he was 36 years old and he would earn
Rs.4,200/- per month being an employee of Sunny
Security Service at 171/A, Rash Behari Avenue, Kolkata -
700019. After the accident, the victim was taken to SSKM
Hospital where the doctor declared him dead.
In this case, it is admitted position that the
claimants have already received the amounts awarded to
the tune of Rs.3,91,000/-. Now this appeal has been
preferred for enhancement of the claim amount
particularly on three grounds, i.e., enhancement of
monthly income from Rs.3,000/- to Rs.4,200/-, future
prospects and enhancement of general damages.
On a careful perusal of the impugned judgment, I
find that the learned Judge did not rely on the evidence
regarding income of the victim at the relevant point of time
on the ground that the amount of income has not been
substantiated by any cogent evidence.
At this stage, learned advocates appearing on
behalf of the parties to this appeal contended that notional
income of Rs.3,000/- would be sufficient to assess the
award as there is no evidence on record showing particular
income of the deceased.
So, considering the aforesaid facts and
circumstances, I find that this Court is required to
compute the award afresh in view of the ratio laid down in
the judgment of National Insurance Co. Ltd. v. Pranay
Sethi reported in (2017) 16 SCC 680 as follows:-
Monthly Income Rs. 3,000/-
Annual Income Rs. 36,000/-
Rs.3,000/- x 12 months
Add - 40% future prospect Rs. 14,400/-
Rs. 50,400/-
Less - 1/3rd (Rs.16,800/-) Rs. 33,600/-
Multiplier - '15' Rs.5,04,000/-
Add General Damages Rs. 70,000/-
Total Rs.5,74,000/-
Less - Awarded by ld. Tribunal Rs.3,91,000/-
ENHANCEMENT Rs.1,83,000/-
It is submitted on behalf of the claimants that the
claimants have already received the awarded amount of
Rs.3,91,000/-. According to the calculation of the award,
claimants are further entitled to a sum of Rs.1,83,000/-
along with interest at the rate of 6% per annum till the
actual payment and also the interest at the rate of 6% per
annum on the amount of Rs.3,91,000/- awarded by the
learned Tribunal from the date of filing till actual payment
of the amount, if not paid.
The respondent/Insurance Company is directed to
deposit the amount before the learned Registrar General of
this Court within six weeks from the date of this order and
the learned Registrar General will keep the amount in an
interest bearing account.
The claimants are entitled to withdraw the amount
after filing of the deficit court fees on the amount.
The learned Registrar General will release the
amount on proper identification and subject to verification
of the payment of deficit court fees.
With the above observation, the instant appeal,
being FMAT 1407 of 2012, stands disposed of.
In view of the disposal of the appeal, the connected
application, being CAN 1 of 2016 (CAN 9274 of 2016), is
also disposed of.
Urgent photostat certified copy of this order, if
applied for, be given to the parties, upon compliance of
necessary formalities.
(Bibhas Ranjan De, J.)
