Calcutta High Court (Appellete Side)
Chhitamoni Hasda @ Chhitamoni Hansda & ... vs The New India Assurance Co. Ltd on 5 December, 2023
5.12. 2023
item No.12
n.b.
ct. no. 551 FMA 1111 of 2022
Chhitamoni Hasda @ Chhitamoni Hansda & Ors.
Vs.
The New India Assurance Co. Ltd..
Mr. Jayanta Kr. Mondal,
..... for the appellant.
Mr. Parimal Kr. Pahari,
...... the respondent No.1.
The instant appeal has been preferred against the
judgment and award dated May 05, 2022 passed by the
learned Judge, Motor Accident Claims Tribunal, 2 nd
Court, Paschim Medinipur in M. A. C. case No. 535 of
2018.
The present appellants being the claimants referred
an application under Section 166 of the M. V. Act before
the learned Tribunal for getting compensation 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 written statement. The learned Tribunal after
hearing the parties and after receiving the evidences has
allowed the claim case in favour of the claimants and
directed the Insurance Company to pay the compensation
amounting to Rs.8,26,000/- along with 4% interest per
months.
Being aggrieved by and dissatisfied with the said
award, the instant appeal has been preferred. Only two
points are involved in this instant appeal.
Learned advocate for the appellants submits that at
the time of assessing the compensation, the learned
Tribunal has failed to award the future prospect by virtue
of the decision of the Hon'ble Supreme Court in Pranay
Shetty. He further argued that the interest was awarded
to be 4% per annum from the date of filing of the claim
application, it should be at least 6% per annum.
Learned advocate for the Insurance Company
submits that the award passed by the learned Tribunal
suffers no illegality. He further argued that the learned
Tribunal has considered the income of the deceased to be
Rs.6,000/- per month which is erroneous. The notional
income in this case should be not more than Rs.5,000/-
per month. He further argued that this Hon'ble Court has
adopted the view on several decisions when the accident
occurred later than the year 2015. The award should be
calculated by fixing the notional income of the deceased,
when he had no specific income, but in this case, monthly
income assessed erroneously Rs.6,000/- per month.
Heard the learned advocate and perused the
materials on record, it appears to me that the learned
Tribunal has assessed the entire facts and circumstances
of the case before him and at the time of assessing the
compensation, he has followed the rule laid down by the
Hon'ble Supreme Court in Pranay Shetty regarding giving
the general damages but he failed to provide the future
prospects to the claimants. So, in this case, it appears
that the deceased was 44 years old and he was a self-
employed person. In this case, the claimants are entitled
to get 25% towards the future prospects upon the
established income of the deceased. The learned Tribunal
has considered the entire aspect regarding the notional
income of the deceased and I find that notional income
has correctly assessed in this case. This court adopted
regularly same view that in all cases of compensation
under Motor Vehicles Act, the interest should be at least
6% interest per annum. So, in this case, the claimants
are also entitled to get the award along with 6% per
annum from the date of filing of this case. On above
backdrop, it is necessary to modify the award passed by
the learned Tribunal.
The just and proper compensation of this case is
assessed as follows:
1. Monthly income : Rs.6000/-
2. Yearly income (6000 X 12) : Rs.72,000/-
3. Add Future Prospect : Rs.18,000/-
Rs.90,000/-
4. Less 1/4th for personal exp. : Rs.22,500/-
Rs.67,500/-
5. Multiplier '14' Rs.9,45,000/-
(67,500 X 14)
6. Add General Damages : Rs.70,000/-
Total Rs.10,01,500/-
7. Less Award paid : Rs.8,26,000/-
Balance : Rs.1,89,000/-
After calculation, the award comes to
Rs.10,15,000/-. The learned Tribunal has already
awarded Rs.8,26,000/-. So, the balance awarded amount
comes to Rs.1,89,000/-.
The Insurance Company is directed to pay the
balance awarded amount along with 6% interest per
annum from the date of filing of the claim application and
pay the interest of 2% upon the awarded amount of
Rs.8,26,000/- from the date of filing till its actual
payment
The Insurance is further directed to pay the
awarded amount within six weeks from the date of passing
of this award through office of the learned Registrar
General, High Court, Calcutta. On such deposit, the
officer of the learned Registrar General, High Court,
Calcutta shall disburse the amount in favour of the
claimants according to the prelevant rules subject to
ascertainment of payment of deposit court fees if any.
Accordingly, FMA 1111 of 2022 is disposed of.
Connected applications, if any, are also disposed of.
All parties shall act on the server copy of this order
duly downloaded from the official website of this Court.
( Subhendu Samanta, J.)
