Calcutta High Court (Appellete Side)
Ram Narayan Yadav vs United India Insurance Co. Ltd on 7 December, 2023
07.12.2023
Sl.No. 11
Ct.No. 32
Amalranjan
FMAT 768 of 2005
With
CAN 1/2007 (Old CAN 2270/2007)
Ram Narayan Yadav
Vs.
United India Insurance Co. Ltd.
Mr. Jayanta Kumar Mondal
...for the appellant
Mr. Rajesh Singh
...for the respondent/Insurance Co.
Re: CAN 1/2007 (Old CAN 2270/2007)
Heard learned advocates for both the
parties.
The instant appeal has been filed beyond
the period of limitations. It appears from the
application for condonation of delay that causes
shown by the appellant in paragraph nos. 5, 6, 7
and 8 are sufficient and accepted. Accordingly,
the condonation of delay is hereby condoned.
The application being CAN 1/2007 (Old
CAN 2270/2007) is, thus, disposed of.
Re: FMAT 768 of 2005
The instant appeal has been filed by the
appellant against the judgment and award dated
20.09.2003 passed by the learned Judge, Motor
Accident Claims Tribunal, 3rd Additional District
and Session Judge at Alipore, South 24
Parganas in MACC No. 148/2000 thereby the
learned tribunal allowed the claim application on
contest against OP No. 2/insurance company
and ex parte against the opposite party no. 1
/owner of the offending vehicle without order as
to costs to the tune of Rs. 51,000/- and the
same amount is directed to pay within three
months from the date of passing of the judgment
and order. In default, the awarded sum shall
carry interest at the rate of 7.5% per annum
from the date of passing the judgment till its
realisation.
It is submitted by the learned advocate
appearing on behalf of the appellant that only
two points are involved in this appeal and same
is required to be decided by this court.
Firstly, the learned tribunal ought to have
considered the minimum income of Rs. 2,500/-
per month of the victim, who was a driver prior
to the accident.
Secondly, the interest should be calculated
from the date of filing of the application as per
the principles laid down by the Supreme Court
in catena of judgments.
On the other hand, learned advocate
appearing on behalf of the insurance company
submits that there is no dispute regarding the
facts of accident, percentage of disability and
multiplier. The learned tribunal has rightly
decided the case and income was taken as Rs.
15,000/- per annum as Notional Income when
the claimant fails to prove his actual income.
Therefore, this case is liable to be dismissed.
Heard both sides and on perusal of the
judgment and order, it appears that the claimant
has exhibited the driving licence to prove the
victim was driver at the time of accident. He
used to earn Rs. 3,000/- per month prior to his
death. However, the claimant has failed to
produce any documentary evidence to
substantiate his income as Rs. 3,000/- per
month. However, it is clearly proved that he was
a driver so it can be accepted that in the year
2003 his minimum income would have been
taken Rs. 2,500/- as minimum income. It is not
that he was not working as driver at that point of
time when the accident was took place.
Accordingly, it can be safely accepted the
contention of the appellant that Rs. 2,500/- may
be taken as minimum income of the victim as
such allowed a sum of Rs. 2,500/- per month as
his income.
Furthermore, regarding the interest part it
is the clear provision in the Act to grant interest.
Now it is settled position that interest should be
calculated from the date of filing of the
application because it is accretion of fund and
Hon'ble Supreme Court laid down the principle
regarding interest. However, the learned
tribunal did not consider the issue of interest
calculation on the awarded amount from the
date of filing claim application. Learned tribunal
only considered the issue of interest subject to
condition that the awarded amount, if not paid
within three months then the interest shall be
carried at the rate 7.5% per annum.
Keeping in mind the above observation,
the calculation of compensation is assessed as
follows:
CALCULATION OF COMPENSATION
Monthly Income Rs. 2,500/-
Annual Income Rs. 30,000/-
(Rs. 2,500/- X 12)
20% Disability Rs. 6,000/-
Multiplier- 17
(Rs. 6,000/- X 17) Rs. 1,02,000/-
Less Awarded Rs. 51,000/-
Amount
Total Enhancement Rs. 51,000/-
compensation
Thus, the appellant/claimant is further
entitled to get enhanced compensation amount
comes to Rs. 51,000/= (Rupees Fifty One
Thousand Only) interest @ 6% per annum shall
carry on total awarded amount of Rs. 1,02,000/-
from the date of filing of the claim application till
final payment.
The respondent-Insurance Company is
directed to deposit the enhanced compensation
amount i.e. Rs. 51,000/= together with interest
as indicated above by way of cheque before the
office of learned Registrar General, High Court,
Calcutta within a period of 4 weeks from date.
Learned Registrar General, High Court,
Calcutta, upon deposit of the amount and
interest as indicated above, shall release the
amount in favour of the appellant/claimant
upon proper identification and subject to
verification of the payment of ad valorem Court
fees on the enhanced amount, if not already
paid, in the manner and mode of payment as
stipulated by the Ld. Tribunal in its judgement
and award dated 20.09.2003.
Judgment and award dated 20.09.2003
is hereby modified to the aforesaid extent.
Accordingly, the appeal being FMAT 768
of 2005 is allowed.
Liberty is granted to all parties to act in
terms of the copy of this order downloaded from
the official website of this court.
Urgent certified photo copy of this order, if
applied for, be given to learned advocates for the
parties upon compliance of all requisite
formalities.
(Ajay Kumar Gupta, J. )
