Malati Debi @ Pashoyan @ Pashwan & ... vs The National Insurance Co. Ltd. & ...
2023 Latest Caselaw 5667 Cal

29.08. 2023
 item No.5
n.b.
ct. no. 551               FMA 917 of 2013
     with
     IA No. CAN 1 of 2023
     +
     CAN 2 of 2023

              Malati Debi @ Pashoyan @ Pashwan & Ors.
                               Vs.
                The National Insurance Co. Ltd. & Ors.

              Mr. Amit Ranjan roy,
                                .... For the appellants.
              Ms. Suchirita Paul,
                                ... for the respondents.

In Re. CAN 1 of 2023.

This application has been filed for amendment of

the name of the appellant nos. 4 and 6.

It is the submission for the appellant that appellant

nos.4 and 6 are the daughters of the deceased and after

marriage then name has been changed as 'Asha Shamant'

and 'Payel Paswan' respectively. The Aadhar Card and

Voter I Card of the said appellants were also changed in

their names. So, he prayed for necessary amendment.

Heard the learned advocate. Perused the application

and also perused the affidavit shown by the appellants

before the Executive Magistrate. Considering the same,

CAN 1 of 2023 is allowed. The name of the appellant

nos.4 and 6 to be amended accordingly.

In Re. CAN 2 of 2023

This application has been filed for recording the

attainment of majority of the appellant no.2.

Heard the learned advocates and perused the Admit

Card of appellant no.2 issued by the West Bengal Board of

Higher Secondary Education, the appellant no.2 has

attained majority, so, necessary recording is required in

the Memo of the Cause Title by the department.

The department is directed to make out above the

correction within a fortnight.

Accordingly, CAN 2 of 2023 is disposed of.

The instant appeal has been preferred against the

judgment and order dated November 17, 2011 passed by

the learned Judge, Motor Accident Claims Tribunal, 1 st

Court, Asansol, Paschim Bardhaman, in M.A.C. case no.

44 of 2008.

The brief fact of the case is that the present

appellants being claimants filed one application under

Section 166 of the M.V. Act before the learned Tribunal for

getting compensation from the Insurance Company on the

ground that their predecessor was died in a road traffic

accident due to rash and negligent driving of the driver of

the offending vehicle duly insured under the policy of the

Insurance Company. The insurance Company contested

the claim case by filing the written statement.

Learned Tribunal after hearing the parties as

awarded the compensation of Rs.12,19,500/- in favour

the claimants. The claimants preferred this appeal for

enhancement of the award. The only point involved in the

appeal is the quantum of compensation.

Learned advocate for the appellants submitted

before this Court that the deceased was an employee of

ECL. The compensation was calculated according to the

pay slip issued by the ECL. At the time of calculation of

the monthly income, the learned Tribunal has deducted

the tax component along with the LIC premium.

According the direction of the Hon'ble Supreme Court

passed in Bimal Kanwar, the income of the deceased to be

calculated less the tax component. So, in this case, the

deduction towards the LIC premium per month shall not

be deducted from the income of the deceased so, he

prayed for necessary order.

Learned advocate for the appellant submitted that

the claimants are entitled to get the future prospects as

well as the general damages as per ratio by the Hon'ble

Supreme Court in Pranay Shetty.

Learned advocate appearing on behalf of the

Insurance Company strongly raised objection and

submitted before this Court that the impugned award

passed by the learned Tribunal suffers no illegality.

Learned Tribunal has considered the all materials on

record and passed the impugned order. There is no

perversity, thus, the impugned order cannot be set aside.

Heard the learned advocate. Perused the materials

on record and also perused the pay slip standing in favour

of the deceased issued by the ECL. It is true that the

income of the deceased in a case of compensation under

Section 166 of the M.V. Act shall be calculated except the

tax component. Here, the learned Tribunal has deducted

the LIC premium. The monthly LIC premium appears in

the pay slip is Rs.1,944/-. Thus, the yearly LIC premium

comes to Rs.23,328/-. The early LIC premium amounting

to Rs.23,328/- shall be added. Learned Tribunal has

considered the yearly income of the deceased to be

Rs.1,65,000/-. Thus, after adding the LIC premium, the

early income of the deceased comes to Rs.1,88,328/-.

      1. Annual Income               Rs.1,88,328/-

      2. Add 15% future prospect     Rs.28,249.2/-
                                     Rs.2,16,577.2/-
      3. Less 1/4th for personal     Rs.54,144.3/-
         Expenses.                   Rs.1,62,432.9/-

      4. Multiplier 11               Rs.17,86,761.9/-
      5. Add General damages         Rs.   70,000/-
                                     Rs18,56,761.9/-

                  Rounded of to      Rs.18,56,762/-

      6. Less award received         Rs.12,19,500/-

      7. Enhanced amount             Rs.6,37,262/-

The Insurance Company is directed to pay the

balance amount amounting to Rs.6,37,262/- along with

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

application i.e.10.4.2008 within eight weeks from the date

of passing of this order with the office of the Learned

Registrar General, High Court, Calcutta.

The appellants are liberty to receive the same

according to the prevalent rules subject to the payment of

ascertainment of requisite court fees.

All parties shall act on the server copy of this order

duly downloaded from the official website of this Court.

( Subhendu Samanta, J.)