Calcutta High Court (Appellete Side)
Smt. Chanchala Nandi vs United India Insurance Company ... on 17 February, 2023
14
17.02.2023
Ct. No.237
pg.
IN THE HIGH COURT AT CALCUTTA
CIVIL APPELLATE JURICTION
APPELLATE SIDE
FMA 860 of 2012
with
IA No. CAN 3 of 2015 (CAN 4586 of 2015)
Smt. Chanchala Nandi
Vs.
United India Insurance Company Limited Ors.
Mr. Nini Gopal Chakraborty
... For the appellant/claimant
Mr. Rajesh Singh
... For the respondent no.1/Insurance Co.
This appeal is directed against the judgment and
award dated 22nd May, 2009 passed by the learned Judge,
Motor Accident Claims Tribunal, 1st Court, Purulia, in
connection with MAC Case No.7 of 2008 whereby the
learned Tribunal awarded compensation to the tune of
Rs.89,500/- along with interest @ 6% per annum under
Section 171 of the Motor Vehicles Act.
The claim petition under Section 163A of the Motor
Vehicles Act, 1988 was filed by the legal heirs of the
deceased Gobardhan Nandi, who died in a motor accident
which took place on 5th October, 2007 at about 2.00 p.m.
while Gobardhan Nandi was proceeding to his native
village Sanka by riding a by-cycle through Anara-
Raghunathpur pitch road and at that time one Tata Indica
car, bearing registration no.WB-56B/5848, coming with
very high speed from Anara side dashed the deceased from
2
behind. As a result, said Gobardhan Nandi sustained
severe injury on his person. He was immediately taken to
R.N. Pur S.D. Hospital, then shifted to Bankura
Sammelani Medical College and Hospital and finally
referred to N.R.S. Medical College and Hospital and
admitted there from 6th October, 2007 to 11th October,
2007 when he succumbed to his injuries.
United India Insurance Company Limited
contested the case by filing written objection denying all
material averments of the claim petition contending, inter
alia, that vehicle violated the policy conditions having no
valid permit for which the Insurance Company is not liable
to pay any compensation.
To prove the case, widow of the deceased examined
herself as PW-1 who corroborated the entire contents of
the claim petition and claimed compensation to the tune of
Rs.2,73,500/-. In course of her evidence, certified copy of
First Information Report, charge sheet, seizure list, post-
mortem report and insurance policy were admitted in
evidence and marked as exhibits.
After considering the entire evidence on record, the
learned Tribunal awarded compensation to the tune of
Rs.89,500/- along with interest @ 6% per annum under
Section 171 of the Motor Vehicles Act.
In course of argument, Mr. Nani Gopal
Chakraborty, learned advocate, on behalf of the
appellant/claimant has submitted that notional income
3
was assessed at Rs.15,000/- per annum by the learned
Tribunal in lieu of Rs.3,000/- per month and accordingly,
he prays for modification of the compensation.
Mr. Rajesh Singh, learned advocate, on behalf of
the respondent no.1/Insurance Company has submitted
that the claim case arose out of an application under
Section 163A of the Motor Vehicles Act, 1988 and,
therefore, the income of the deceased cannot be assessed
more than Rs.15,000/- per annum as per Second
Schedule of the Act.
Considering the entire facts and circumstances of
this case as well as the nature of legislation, I am of the
humble opinion that the income of the deceased should be
considered as Rs.2,500/- per month to compute the
compensation after applying multiplier 8 in terms of age of
the deceased as it appears from the post-mortem report in
absence of any cogent document. Accordingly, I modify the
compensation hereunder:-
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.1,60,000/-
Add: General Damages Rs. 9,500/-
-------------------
Rs.1,69,500/-
Less: Awarded by ld. Tribunal & received Rs. 89,500/-
-------------------
ENHANCEMENT Rs. 80,000/-
-------------------
For the reasons, it is seen that the
appellant/claimant is entitled to the total compensation to
the tune of Rs.1,69,500/-. It is reported that the
appellant/claimant has already received Rs.89,500/- as
awarded by the learned Tribunal.
Therefore, the appellant/claimant is entitled to the
balance compensation amount of Rs.80,000/- along with
interest @ 6% per annum from the date of filing of the
claim petition, i.e., on 21st January, 2008 till the deposit of
the amount.
Accordingly, the respondent no.1/United India
Insurance Company Limited is directed to deposit the
enhanced compensation amount of Rs.80,000/- along with
interest @ 6% per annum from the date of filing of the
claim petition, i.e., on 21st January, 2008 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 appellant/claimant is entitled to withdraw the
balance compensation amount with interest.
The learned Registrar General is requested to
disburse the amount with interest to the appellant/
claimant on proper identification and proof.
With the above observations, the appeal, being
FMA 860 of 2012, 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.)
