Calcutta High Court (Appellete Side)
Ranjit Oraw vs National Insurance Co. Ltd. & Anr on 4 December, 2023
IN THE HIGH COURT AT CALUTTA
Civil Appellate Jurisdiction
04.12.2023
SL No.17
Court No. 551
Ali
FMAT (MV) 15 of 2023
With
IA No.:CAN/1/2023
Ranjit Oraw
Vs.
National Insurance Co. Ltd. & Anr.
Mr. Saidur Rahaman
....for the appellant/claimant.
Mr. Rajesh Singh
................ for the appellant.
[
In Re.: CAN 1 of 2023
Heard the learned advocate the delay in
preferring the instant appeal is herby condoned.
Appeal be admitted.
FMAT (MV) 15 of 2023
A very short point is involved in this appeal
to consider. Thus, the instant appeal is taken up for
hearing.
Mr. Rajesh Singh appears on behalf of the
insurance company.
Heard the learned advocate for the
appellant as well as the respondent insurance
company. The owner did not contest before the
learned tribunal so his presence is dispensed with
for the purpose of hearing of this matter.
The instant appeal is preferred against the
judgment and award dated 20th May, 2022, passed
by the learned Judge, Motor Accident Claims
Tribunal, 2nd Court, Balurghat, Dakshin Dinajpur,
in M.A.C. Case no. 149 of 2012 under Section 166 of
the M.V. Act. The appellant, being the claimants
filed one petition before the learned tribunal for
getting compensation on the ground that the present
appellant is the injured who sustained severe injury
in his right hand due to rash and negligent driving
of the driver of the offending vehicle and by such
accident his right hand was imputed. On
considering the case before the learned tribunal, the
learned tribunal has considered the disability of the
appellant to be 70% and awarded the sum of Rs.
5,43,600/- in favour of the claimant including pain
and suffering of Rs. 40,000/- and Rs. 50,000/- for
further treatment and artificial limb.
Learned advocate for the appellant submits
that the impugned award passed by the learned
tribunal is not justified. The claimant appellant was
a farmer; his right hand was imputed.
Consequently, the disability calculated by the
learned tribunal i.e. 70% is not correct. The farmer,
having lost his hand became jobless and in this case
his functional disability would be 100%. He further
argued that the award of compensation of Rs.
90,000/- towards the non pecuniary head is not
sufficient. The age of the claimant/appellant is 20
years at the time of accident so his entire life
expectancy has been jeopardized by such accident.
So in that score, the claimants are entitled at least
Rs. 3,00,000/- towards non pecuniary damages.
Learned advocate for the insurance company
raised strong objection and submits that the income
of the claimant/appellant was correctly assessed by
the learned tribunal according to his prayer. The
Doctor of the Medical Board has examined the
disability to be 70% which was rightly calculated by
the learned tribunal. The claimant has suffered
accident in his right hand. The left hand is intact.
So at this score, the disability was correctly
assessed to be 70%. He further argued that under
the non pecuniary head, Rs. 90,000/- was awarded,
which is justified. The compensation under the head
of the pain and suffering and for the purpose of
future treatment was rightly assessed by the learned
tribunal. However, Mr. Singh submits that the
claimant is entitled to get the future prospects
according to the observation of the Hon'ble Supreme
Court passed in Pranay Sethi.
Heard the learned advocates perused the
materials on record also perused the certified copy
of the impugned award passed by the learned
tribunal.
In considering the functional disability of the
present claimant, it appears to me that the claimant
was a farmer who lost his right hand in the
accident. It is true, that the farmer, when lost his
hand has lost his actual capacity to work. However,
it appears to me that the learned tribunal has
considered the plea of the claimant and is of opinion
that the Doctor of the Medical Board has assessed
the compensation to be 70%. I have perused the
observation it appears to me that the disability
certificate was issued in favour of the claimant to be
disability of 70%. It appears that the one hand of the
claimant is intact. The loss of a hand of a farmer is
obviously unfortunate, but considering the fact that
the other limbs of the appellant are not affected, the
functional disability cannot be equated as 100%. So
considering the same; I am of the view that the
observation of the learned tribunal on the basis of
Medical Board's observation is very much correct. I
think it necessary to observe that the 70%
functional disability of the instant appellant is
sufficient to consider the just and proper
compensation of this case.
In considering the compensation under non
pecuniary head, it appears that the learned tribunal
has awarded Rs. 90,000/- in the non pecuniary
head. It is true that a boy of tender age has lost his
requisite youth advantages and suffered immense
pain during the operation. The entire life of the
claimant is left to carry on with the one hand;
considering the same, I think it necessary to add
more Rs.60,000 alongwith Rs.90,000/- in the
instant head of non pecuniary head. The claimant is
also entitled to get 40% of his actual income towards
the future prospects as per the judgment of the
Hon'ble Supreme Court passed in Pranay Sethi.
Considering the entire aspects, I think it
necessary that the just and proper compensation of
this case can be assessed as follows:-
Calculation of compensation
1. Monthly Income ..................................Rs.3,000/-
2. Annual Income (Rs.3,000 X 12)........... Rs. 36,000/-
3. Add: 40% Future prospect ...............Rs.14,400/-
Rs. 50,400/-
4. Multiplier apply 18 ..............................Rs.9,07,200/-
5. 70% disability &
70% loss of earning capacity.............Rs.6,35,040/-
7. Add: Non-Pecuniary
+Medical Expenses........................Rs. 1,50,000/-
Rs.7,85,040/-
Less already paid......... Rs. 5,43,600/-
Total balance amount..Rs. 2,41,440/-
The insurance company is directed to pay
the balance amount of Rs.2,41,440/ to the claimant
alongwith interest @ 6% per annum from the date of
filing of the claim application within six weeks from
this date to the office of the learned Registrar
General, High Court, Calcutta. On such deposit the
claimant/appellant is at liberty to receive the same
according to the prevalent Rules subject to
ascertainment of payment of requisite Court Fees.
The instant FMAT (MV) 15 of 2023 is
disposed of.
All connected applications, if any, stand
disposed of.
Interim orders, if any, stand vacated.
Parties to act upon the server copy and
urgent certified copy of this order be provided on
usual terms and conditions.
(Subhendu Samanta, J.)
