National Insurance Co. Ltd vs Salma Khatun & Ors
2023 Latest Caselaw 7603 Cal

Citation : 2023 Latest Caselaw 7603 Cal
Judgement Date : 8 December, 2023

Calcutta High Court (Appellete Side)

National Insurance Co. Ltd vs Salma Khatun & Ors on 8 December, 2023

08.12. 2023
 item No. 16 & 17
n.b.
ct. no. 551              FMA 557 of 2023


                     National Insurance Co. Ltd.
                                Vs.
                      Salma Khatun & Ors.
                               With
                         COT 65 of 2023

                      Salma Khatun & Ors.
                                Vs.
                    National Insurance Co. Ltd.


            Mr. Deb Narayan Ray,
                             .....for the appellant.
            Mr. Amit Ranjan Roy
                             .... For the respondent.

This appeal is preferred against the judgment and

award dated March 15, 2023 passed by the learned Judge,

Motor Accident Claims Tribunal, Kawta, in MAC case

No.98 of 2018 under Section 166 of the Motor Vehicles

Act, 1988.

The brief fact of the case is that the present

respondent/claimant preferred an application before the

learned Tribunal under Section 166 of M.V. Act for getting

compensation on the ground that the predecessor of the

claimants was died in a road traffic accident due to rash

and negligent driving of the offending vehicle duly insured

by the Insurance Company. The claimant's case was

contested by the Insurance Company. The learned

Tribunal after hearing the parties and after receiving the

witnesses has passed an award in favour of the claimants

amounting to Rs.10,37,000/- along with 6% interest per

annum from the date of filing of the case.

Being aggrieved by and dissatisfied with the said

order, the Insurance Company has preferred the instant

appeal. The claimant/respondent also preferred a cross

appeal against the instant appeal.

Both the appeal and the cross appeal being COT 65

of 2023 are taken up for hearing.

Learned advocate for the Insurance Company

submits that the income of the deceased was taken to be

Rs.6,000/- per months by the learned Tribunal. No

evidence was placed before the learned Tribunal for

adopting such high income. It would be revealed from the

cross-examination of P.W. 1 that the father of the

deceased had a separate business of Baloon selling and

the claimant no.1 used to get Rs.1,000/- towards her

widow compensation from the Government. He further

argued that the occupation of the deceased was stated to

be a mansion but no such document of his job under a

contract or any employment was proved. Thus, income of

the deceased was erroneously taken Rs.6,000/- in this

case. The notional income of the deceased Rs.3,000/- per

month would be sufficient.

Learned advocate for the respondent/claimant

submits that the claim application was filed stating the

occupation of the deceased to be mansion and monthly

income was stated Rs.6,000/- per month. He hand over

government order under the West Bengal Minimum Wages

Act dated January 1, 2018. The minimum wages under

the State of West Bengal, Andhra Pradesh, Talengana &

Tripura was stated for un-skilled labour as Rs.6920/-. He

further argued that the learned Tribunal has received the

evidence of PW 1 and after considering the entire

circumstances, he passed the award considering the

income of the deceased Rs.6,000/- per month. He argued

that there are no illegality for accepting such income.

Heard the learned advocates, perused the materials

on record and perused evidence of the wife of the deceased

i.e. PW.1, who stated sated on dock that her husband

used to earn Rs.250 per day and average monthly income

was Rs.6,000/-. The deceased suffered an accident on

27.5.2018 and succumbed to his injuries on 29.5.2018.

The deceased was to maintain his family of five members

including himself. Considering the raising value of

essential commodities, and also considering the minimum

wages of skilled labour of State of West Bengal, I think it

fit to observe that the learned Tribunal has corrected

adopted monthly income of the deceased of Rs.6,000/-. It

further appears that the learned Tribunal has adopted the

multiplier of this case to be 18. The deceased was 26

years old at the time of accident (PM). So, in this case

applicable multiplier would be 17. The learned Tribunal

has considered the consortium spouse and other funeral

expenses but the observation of the Hon'ble Supreme

Court in Pranay Shetty is very much clear that the

general damages would be Rs.70,000/-. The award was

passed in the year 2023, so, additional 10% of the general

damages has be added. The claimants are also to get

further prospect according to the observation of the

Hon'ble Supreme Court in Pranay Shetty that would be

40% to the establishment income of the deceased.

Considering the entire aspect, it appears to me that

award passed by the learned Tribunal need be modified.

Just and proper of the award hereby assessed as follows:

1. Monthly income : Rs.6,000/-

2. Yearly income (6000X12) : Rs.72,000/-

3. 1/4th Deduction personal : Rs.18,000/-

        Exp.                            Rs.54,000/-
      4. 40% future prospect          : Rs.21,600
                                        Rs.75,600/-