Calcutta High Court (Appellete Side)
Smt. Arati Pal & Anr vs The National Insurance Company ... on 19 September, 2022
03
19.09.2022
Ct. No.237
pg.
IN THE HIGH COURT AT CALCUTTA
CIVIL APPELLATE JURICTION
APPELLATE SIDE
IA No. CAN 1 of 2012 (CAN 2900 of 2012)
in
FMAT 336 of 2012
Smt. Arati Pal & Anr.
Vs.
The National Insurance Company Limited & Anr.
Mr. Amit Ranjan Roy
... For the appellants/claimants
Mr. Rajesh Singh
... For the respondent no.1/Insurance Co.
In re: CAN 1 of 2012 (CAN 2900 of 2012)
The application for condonation of delay is taken
up for hearing.
It is submitted that the appeal was filed with 236
days delay.
Considering the nature of the appeal and other
facts and circumstances, I find no reason to disallow the
prayer for condonation of delay. The delay is condoned.
The application stands disposed of.
The appeal is admitted.
At the instances of both sides, the appeal is taken
up for hearing.
This appeal is directed against the judgment and
award passed on 18th April, 2011 by the learned Judge,
2
Motor Accident Claims Tribunal, 2nd Court, Additional
District Judge, Paschim Medinipur, in MAC Case No.434
of 2009.
The claim petition under Section 166 of the Motor
Vehicles Act, 1988 was filed by the parents of the deceased
who was a Constable of Border Security Force. On 11th
July, 2009 at about 4.30 a.m. the deceased was going to
Digha by Maruti Van, bearing registration no.WB-
34T/4996 and near Hindusthan Hotel under Egra Police
Station, the said Maruti Van dashed behind a truck on the
left side of the road and that accident took place due to
negligent driver of the Maruti Van. The son of the
claimants died on the spot. Egra Police Station Case
no.143 of 2009 dated 11th July, 2009 was started. At the
relevant point of time, the deceased was aged about 28
years and his gross salary was Rs.13,703/- per month.
Respondent/Insurance Company contested this
case denying all allegations made in the claim petition and
it is contended that the owner of the Maruti Van was not
alone responsible for the accident.
However, the learned Tribunal recorded the
evidence of witnesses adduced on behalf of the claimants.
After considering all the evidences and documents
available on record, the learned Judge allowed the
compensation to the tune of Rs.8,16,168/- along with
interest @ 9% per annum from the date of filing of the
claim petition.
3
In this appeal, learned advocate appearing on
behalf of the appellants/claimants has submitted that the
learned Tribunal did not allow the amount towards future
prospect and also did not consider the multiplier according
to age of the deceased. That apart, learned advocate on
behalf of the appellants/claimants did not raise any
dispute regarding other portion of the compensation.
Learned advocate on behalf of the respondent/
Insurance Company has submitted that the awarded
compensation of Rs.8,16,168/- along with interest @ 9%
per annum has already been received by the appellants/
claimants. So the compensation, if enhanced, may be
given with interest after adjustment of previous rate of
interest already allowed by the learned Tribunal.
So far as the accident and the liability of the
Insurance Company are concerned, no dispute raised
before this Court, save and except future prospect and
multiplier applied by the learned Tribunal.
This is a case of death of a bachelor of 28 years as
well as he was an employee of Border Security Force.
Keeping an eye to the aforesaid facts and circumstances, I
find it necessary to apply the multiplier 17 according to
the age of deceased at the time of death. That apart, future
prospect of 50% will be added in the compensation
amount as per the settled parameters laid down by the
Hon'ble Apex Court.
4
In the aforesaid facts and circumstances, I
determine the compensation as follows:-
Annual Income Rs. 1,47,576/-
Add: Future prospect (@ 50%) Rs. 73,788/-
-----------------
Rs.2,21,364/-
Less: 1/2nd Deduction Rs.1,10,682/-
Rs.1,10,682/-
Multiplier 17 (Age 28 yrs.) Loss of dependency Rs.18,81,594/-
(Rs.1,10,682/- x 17)
Add: General Damages Rs. 30,000/-
Total Rs.19,11,594/-
Less - Awarded by ld. Tribunal Rs. 8,16,168/-
ENHANCEMENT Rs.10,95,426/-
In the aforesaid view of the matter, it is seen that
the appellant/claimant no.1, Smt. Arati Pal, is entitled to
further enhanced amount of Rs.10,95,426/- along with
interest @ 4% per annum from the date of filing of the
claim petition, i.e., on 23rd November, 2009, till the actual
payment.
The respondent/Insurance Company is directed to
deposit the enhanced amount of Rs.10,95,426/- along with
interest @ 4% per annum from the date of filing of the
claim petition 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 appellant/claimant no.1 will be entitled to
withdraw the enhanced amount with interest subject to
payment of ad valorem court fees on the enhanced
amount.
The learned Registrar General will release the
amount to the appellant/claimant no.1 on proper
identification and subject to verification of the payment of
ad valorem court fees.
With the above observation, the appeal, being
FMAT 336 of 2012, stands disposed of.
All pending applications, if any, also stand
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.)
