Calcutta High Court (Appellete Side)
Ali Hossain Mia & Anr vs Oriental Insurance Company ... on 17 February, 2023
09
17.02.2023
Ct. No.237
pg.
IN THE HIGH COURT AT CALCUTTA
CIVIL APPELLATE JURICTION
APPELLATE SIDE
FMA 927 of 2009
Ali Hossain Mia & Anr.
Vs.
Oriental Insurance Company Limited & Anr.
Mr. Uday Sankar Chattopadhyay
Mr. Suman Sankar Chatterjee
Mr. Santanu Maji
Mr. Pronay Basak
... For the appellants/claimants
Mr. Rajesh Singh
... For the respondent no.1/Insurance Co.
This appeal is directed against the judgment and
order dated 21st August, 2007 passed by the learned
Judge, Motor Accident Claims Tribunal, Additional District
Judge, Fast Track 1st Court, Burdwan, in connection with
MAC Case No.149 of 2006/421 of 2006 whereby the
learned Tribunal awarded compensation to the tune of
Rs.1,34,500/- along with interest @ 7.5% per annum
under Section 171 of the Motor Vehicles Act.
The claim petition was filed on account of death of
one Manik Chand Mia, a boy of 18 years, in a motor
accident which took place on 12th August, 2006 at about
9.40 a.m. at G.T. Road at Kanta Pukur More near Bajan
Show Room by the involvement of one Truck, bearing
registration no.WB-39/1379. It is alleged in the claim
petition that the accident took place due to rash and
2
negligent driving of the driver of the truck. At the time of
death, Manik Chand Mia was a motor mechanic having
income of Rs.3,000/- per month. That is why the claim
petition was filed with a prayer for compensation to the
tune of Rs.4,50,000/-.
Both the owner of the vehicle and the Oriental
Insurance Company Limited contested the case by filing
written objection denying all material averments of the
claim petition contending, inter alia, that no accident took
place by the involvement of the truck, bearing registration
no.WB-39/1379.
To prove the case, the claimant no.2 Hasina Mia,
mother of the deceased, examined herself as PW-1. She
corroborated all the averments alluded in the claim
petition and she stated in her cross-examination that at
the time of accident, her son was minor.
In support of involvement of the vehicle in the
accident, on behalf of the claimants, certified copy of First
Information Report, charge sheet, insurance policy and
post-mortem report were filed and admitted in evidence.
Learned Tribunal after considering the evidence on
record granted compensation of Rs.1,34,500/- along with
interest @ 7.5% per annum under Section 171 of the
Motor Vehicles Act.
In course of argument, Mr. Uday Sankar
Chattopadhyay, learned advocate, on behalf of the
3
appellants/claimants has submitted that the monthly
income of the deceased was considered as Rs.15,000/- per
annum as per the Second Schedule which should have
been Rs.3,000/- per month.
Mr. Rajesh Singh, learned advocate, on behalf of
the respondent no.1/Insurance Company has submitted
that at the time of accident, Manik Chand Mia was a
minor and his income cannot be considered as Rs.3,000/-
per month contrary to the amount mentioned in the
Second Schedule with regard to non-earning person.
Considering the entire facts and circumstances of
this case, I find it justified to take Rs.2,500/- as monthly
income. In that view of the matter, I determine the
compensation as follows:-
Monthly Income Rs. 2,500/-
Annual Income (Rs.2,500/- x 12) Rs. 30,000/-
Less: 1/3rd Deduction (personal expenses) Rs. 10,000/-
-------------------
Rs. 20,000/-
-------------------
Rs.3,20,000/-
Add: General Damages Rs. 4,500/-
-------------------
Rs.3,24,500/-
Less: Awarded by ld. Tribunal & received Rs.1,34,500/-
-------------------
ENHANCEMENT Rs.1,90,000/-
-------------------
For the reasons, it is seen that the
claimants/claimants are entitled to the total compensation
to the tune of Rs.3,24,500/-.
It is reported that the appellants/claimants have
already received Rs.1,34,500/- as awarded by the learned
Tribunal.
Therefore, the appellants/claimants are entitled to
the balance compensation amount of Rs.1,90,000/- along
with interest @ 6% per annum from the date of filing of the
claim petition, i.e., on 6th September, 2006 till the deposit
of the amount.
Accordingly, the respondent no.1/Oriental
Insurance Company Limited is directed to deposit the
enhanced compensation amount of Rs.1,90,000/- along
with interest @ 6% per annum from the date of filing of the
claim petition, i.e., on 6th September, 2006 till the actual
deposit of the amount before the office of the learned
Registrar General of this Court, within six weeks from the
date of this order.
The appellants/claimants are entitled to withdraw
the balance compensation amount with interest.
The learned Registrar General is requested to
disburse the amount with interest to the appellants/
claimants in equal share on proper identification and
proof.
With the above observations, the appeal, being
FMA 927 of 2009, is disposed of.
All pending applications, if there be any, stand
disposed of.
Records of the learned Tribunal along with a copy
of this order be transmitted back immediately.
Urgent photostat certified copy of this order, if
applied for, be given to the parties, upon compliance of
necessary formalities.
(Bibhas Ranjan De, J.)
