Calcutta High Court (Appellete Side)
Fajera Bibi & Ors vs Oriental Insurance Company ... on 3 January, 2023
43
03.01.2023
Ct. No.237
pg.
IN THE HIGH COURT AT CALCUTTA
CIVIL APPELLATE JURICTION
APPELLATE SIDE
FMA 160 of 2011
with
IA No.CAN 1 of 2010 (CAN 218 of 2010)
Fajera Bibi & Ors.
Vs.
Oriental Insurance Company Limited & Ors.
Mr. Uday Sankar Chattopadhyay
Ms. Trisha Rakshit
Mr. Debdipto Banerjee
Ms. Rajashree Tah
... For the appellants/claimants
Ms. Gopa Das Mukherjee
... For the respondent no.1/Insurance Co.
This appeal is directed against the judgment and
order passed on 9th April, 2008 by the learned Judge,
Motor Accident Claims Tribunal, 3rd Court, Burdwan, in
connection with MAC Case No.94 of 2006/172 of 2006
whereby the learned Judge awarded compensation to the
tune of Rs.1,79,500/-.
The claim petition under Section 166 of the Motor
vehicles Act, 1988 was filed with a prayer for
compensation to the tune of Rs.7,50,000/- on account of
death of one Sk. Fajel Haque @ Sk. Raju who died in a
motor accident on 5th January, 2006 at about 7/7.30 a.m.
by the involvement of one Tractor, bearing registration
no.WB-41A/1659. The accident took place due to rash and
negligent driving of the vehicle and for which the victim
2
sustained severe injury and admitted to Burdwan Medical
College and Hospital where he succumbed to his injuries.
One of the opposite party owners contested the
application by filling written statement and denying any
kind of negligence on the part of the alleged vehicle.
Oriental Insurance Company Limited contested the
case by filing written statement denying all material
allegations in the claim petition contending, inter alia, that
the victim was more than 35 to 40 years of age and the
Insurance Company was not liable to pay any
compensation.
In course of trial, two witnesses were examined,
namely, Reksona Bibi, wife of the deceased, who deposed
and corroborated the entire fact stated in the claim
petition. PW-2 claimed himself to be an eyewitness to the
accident. He stated that at the time of accident, he was
standing just 50 feet away from the place of accident. He
also stated that the accident took place due to rash and
negligent driving of the Tractor, bearing registration
no.WB-41A/1659.
None of the learned advocates appearing on behalf
of the parties to this appeal disputed regarding the
accident alleged in this case by the involvement of a
Tractor, bearing registration no.WB-41A/1659.
Mr. Uday Sankar Chattopadhyay, learned advocate
appearing on behalf of the appellants/claimants only
3
raised the issue of income and submitted that the learned
Tribunal ought to have taken the notional income of
Rs.3,000/- per month instead of Rs.15,000/- per annum.
He has further submitted that Rs.9,500/- should have
been granted towards general damages. Before parting
with, Mr. Chattopadhyay submitted that multiplier should
be 18 instead of 17.
In terms of argument advanced, I am unable to
accept the reason assigned by the learned Tribunal in
holding the income of Rs.15,000/- per annum as it is now
a trite law that notional income should be Rs.3,000/- per
month.
In the aforesaid view of the matter, I determine the
compensation as follows:-
Monthly Income Rs. 3,000/-
Annual Income (Rs.3,000/- x 12) Rs. 36,000/-
Less: 1/3rd Deduction (personal expenses) Rs. 12,000/-
-------------------
Rs. 24,000/-
Multiplier by 18 (Rs.24,000/- x 18) X 18
-------------------
Rs.4,32,000/-
Add: General Damages Rs. 9,500/-
Total Rs.4,41,500/-
Less - Awarded by ld. Tribunal Rs.1,79,500/-
ENHANCEMENT Rs.2,62,000/-
-------------------
For the reasons, it is seen that the
appellants/claimants are entitled to the total
compensation to the tune of Rs.4,41,500/- along with
interest @ 6% per annum from the date of filing of the
claim petition till the deposit of the amount.
It is found from the record as well as it is reported
that the appellants/claimants have already received
Rs.1,79,500/- along with interest as awarded by the
learned Tribunal.
Therefore, the appellants/claimants are entitled to
the balance amount of Rs.2,62,000/- along with interest @
6% per annum from the date of filing of the claim petition
till the deposit of the amount.
Accordingly, the respondent no.1/Oriental
Insurance Company Limited is directed to deposit the
enhanced amount of Rs.2,62,000/- along with interest @
6% per annum from the date of filing of the claim petition
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 award amount with interest.
The learned Registrar General is requested to
disburse the amount to the appellants/claimants in equal
share on proper identification.
With the above observation, the appeal, being FMA
160 of 2011, 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.)
