Calcutta High Court (Appellete Side)
The Oriental Insurance Co. Ltd vs Shibnath Chowdhury & Ors on 19 September, 2022
23
19.09.2022
Ct. No.237
pg.
IN THE HIGH COURT AT CALCUTTA
CIVIL APPELLATE JURICTION
APPELLATE SIDE
FMA 626 of 2012
with
IA No. CAN 3 of 2016 (CAN 7105 of 2016)
(Application not in the file)
The Oriental Insurance Co. Ltd.
Vs.
Shibnath Chowdhury & Ors.
Mr. Parimal Kumar Pahati
... For the appellant/Insurance Co.
Mr. Uday Sankar Chattopadhyay
Mr. Suman Sankar Chattopadhyay
Ms. Trista Rakshit
... For the respondents/claimants
Parties to this appeal are represented.
This appeal is directed against the judgment and
order passed on 7th July, 2010 by the learned Judge,
Motor Accident Claims Tribunal, 3rd Court, Burdwan, in
MAC Case No.100 of 2008 under Section 166 of the Motor
Vehicles Act, 1988.
The claim petition was filed on account of death of
one Mantu Choudhury, aged about 22 years, who met with
an accident on 8th August, 2008 by the involvement of a
vehicle (Mini Truck) bearing registration no.WB-41C/7253
at Tejganj at about 1.45 p.m. under Burdwan Police
Station. The injured Mantu Choudhury succumbed to his
injuries and Burdwan Police Station Case No.422 of 2008
was started.
One of the petitioners Rekha Choudhury and one
Kumaresh Biswas and one Pradip Kumar Biswas were
examined as PW-1, PW-2 and PW-3. In course of their
evidence, all police reports, insurance policy of the
offending vehicle and post-mortem report were admitted in
evidence as Exhibits 1 to 8.
After considering all the evidence on record, the
learned Tribunal assessed the monthly income of the
deceased as Rs.2,500/- and annual income as
Rs.30,000/- after deduction of the 1/3rd and applying
multiplier 16 in terms of the average age of the parents.
The learned Tribunal awarded Rs.3,24,500/- including
funeral expenses and loss of estate.
In this appeal, the learned advocate appearing on
behalf of the appellant/Insurance Company has contended
that the deduction of 1/3rd for personal expenses was not
correct. It should be 50% and multiplier should be 18
instead of 16 in terms of average age of the parents. It is
also submitted on behalf of the appellant/Insurance
Company that the driver of the offending vehicle was
carrying a fake licence and thereby he was in violation of
the policy for which the Insurance Company is not liable to
pay.
Considering all facts and circumstances, I find it
justified to determine the award as follows:-
Annual Income Rs. 30,000/-
Deduction 50% Rs. 15,000/-
Rs. 15,000/-
Multiplier 18 (Age 22 yrs.) Loss of dependency Rs.2,70,000/-
(Rs.15,000/- x 18)
Add: Funeral Expenses & Loss of Estate Rs. 33,000/-
Total Rs.3,03,000/-
It is submitted on behalf of the appellant/
Insurance Company that total awarded amount of
Rs.3,24,500/- has already been deposited with the learned
Registrar General and the appellant/Insurance Company
has not deposited any interest on the awarded
compensation.
The appellant/Insurance Company is directed to
deposit interest @ 6% per annum on the amount of
Rs.3,03,000/- from the date of filing of the claim petition,
i.e., on 19th September, 2008, till the actual deposit of the
amount before the learned Registrar General of this Court
within six weeks from the date of this order.
The learned Registrar General will disburse the
amount equally among the respondents/claimants of
Rs.3,03,000/- along with interest @ 6% per annum from
the date of filing of the claim petition till the actual
deposit.
In case of any excess amount after disbursement of
the awarded amount with interest to the respondents/
claimants, the same shall be returned to the appellant/
Insurance Company.
Considering all facts and circumstances, the
appellant/Insurance Company is at liberty to claim the
awarded amount from the owner of the vehicle through
separate proceedings.
With the above observation, the appeal, being FMA
626 of 2012, stands disposed of.
All pending applications, if any, also stand
disposed of.
Records of the learned Tribunal 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.)
