Master Indrajit Sardar vs The New India Assurance Company ...
2023 Latest Caselaw 698 Cal

    03
24.01.2023
Ct. No.237
    pg.
                       IN THE HIGH COURT AT CALCUTTA
                          CIVIL APPELLATE JURICTION
                                APPELLATE SIDE

                                FMA 148 of 2005

                             Master Indrajit Sardar
                                      Vs.
                  The New India Assurance Company Ltd. & Anr.

                    Mr. Krishanu Banik
                          ... For the appellant/claimant

                    Mr. Parimal Kumar Pahari
                          ... For the respondent no.1/Insurance Co.


                    This appeal is directed against the judgment and

             award dated 20th April, 2004 passed by the learned Judge,

             Motor Accident Claims Tribunal, 12th Additional District

             Judge, South 24-Parganas, Alipore, in connection with

             MAC Case No.35 of 2001 under Section 163A of the Motor

             Vehicles Act, 1988 whereby the learned Judge awarded

             compensation to the tune of Rs.95,000/-.


                    The claim petition was filed on account of injury

             sustained by one Indrajit Sardar, aged about 8 years,

             being a school student, in a motor accident occurred on

             8th March, 2001 at about 10.30 hours by the involvement

             of one Mini Bus, bearing registration no.WB-19/6460.

             After the accident, he was treated in the NRS Medical

             College and Hospital. After the accident, Mathurapur

             Police Station Case No.17 under Sections 279/338 of the

             Indian Penal Code was started. That is why the claim

             petition has been filed with a prayer for compensation to

             the tune of Rs.3,00,000/-.
                      2




       Owner of the offending vehicle did not contest the

claim petition but the New India Assurance Company

Limited contested the claim petition by filing written

statement denying all claim contending, inter alia, that the

claimant/injured did not sustain any injury due to motor

accident and the Insurance Company is not liable to pay

any compensation at all.


       To prove the case, the claimants examined as

many as four witnesses, namely, Tarun Sardar, being the

father of the injured/claimant, as PW-1 who corroborated

the entire claim petition. One Sankar Bhattacharya was

the doctor who issued the Disability Certificate to the

extent of 40% was examined as PW-2. In his examination,

he testified that on 17th January, 2004 he examined the

patient and he consulted with all the paper of the NRS

Medical College and Hospital, Discharge Certificate etc.

and after perusing all the materials/documents, he issued

the permanent partial Disability Certificate to the extent of

40%.


       One    Dipasom      Sardar,   an   eyewitness   to   the

accident, has testified that he saw the accident when

Indrajit Sardar sustained injury by the involvement of one

Mini Bus, bearing registration no.WB-19/6460, which was

running rashly and in negligent manner. PW-4, mother of

the injured, also deposed that on 8th March, 2001 at about

10.30 a.m., she was taken her son to school, a Mini Bus,

bearing registration no.WB-19/6460, dashed her son and
                          3




herself near Jalghata Bus Stop. As a result, her son

sustained injury and treated at Satyajit Nursing Home as

well as NRS Medical College and Hospital for three

months.


        In     course    of   evidence,     a   good      number      of

documents, including First Information Report, Discharge

Certificate,    Disability    Certificate   and     all   documents

relating to the offending vehicle were admitted in evidence.


        In course of argument, Mr. Krishanu Banik,

learned advocate appearing on behalf of the appellant/

claimant/injured has relied on a case of Kurvan Ansari

alias Kurvan Ali & Anr. v. Shyam Kishore Murmu &

Anr. reported in 2022 ACJ 166 wherein the Hon'ble Apex

Court assessed notional income of Rs.25,000/- and in that

case the Hon'ble Apex Court dealt with an accident of a

boy of 7 years in the year 2018 unlike our case where

accident took place in the year 2001.


        Considering the facts and circumstances, I find it

would be proper to assess the notional income of the boy

at Rs.20,000/- per annum.


        From      that   point    of   view,    I   determine       the

compensation as follows:-


  Annual Income                                        Rs. 20,000/-

  Less: Deduction 60% (since the claimant              Rs. 12,000/-
        was disabled to the extent of 40%)             -------------------
                                                       Rs. 8,000/-

  Multiplier by 15 (as per age of the victim)          X          15
                                                       -------------------

Rs.1,20,000/-

Add: Non-Pecuniary Damages Rs. 15,000/-

------------------- Rs.1,35,000/- Total Rs. 95,000/-

Less - Awarded by ld. Tribunal

-------------------

ENHANCEMENT Rs. 40,000/-

-------------------

It is reported that at the time of accident the

injured was aged about eight years. Now, he has become

major by lapse of time. Mr. Banik, learned advocate, has

also relied on a photocopy of the Aadhaar Card issued in

favour of the injured/claimant showing his attainment of

majority.

In these circumstances, it is seen that the

appellant/claimant/injured is entitled to the total

compensation to the tune of Rs.1,35,000/-. It is reported

that the appellant/claimant/injured has already received

Rs.95,000/- as awarded by the learned Tribunal without

any interest.

Therefore, the appellant/claimant/injured is

entitled to the balance amount of Rs.40,000/- along with

interest @ 6% per annum from the date of filing of the

claim petition, i.e., on 11th May, 2001 till the deposit of the

amount as well as interest @ 6% per annum on the

amount of Rs.95,000/- from the date of filing of the claim

petition, i.e., on 11th May, 2001 till the date of receipt of

the amount of Rs.95,000/-.

Accordingly, the respondent no.1/New India

Assurance Company Limited is directed to deposit the

enhanced amount of Rs.40,000/- along with interest @ 6%

per annum from the date of filing of the claim petition, i.e.

on 11th May, 2001 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 respondent no.1/Insurance Company is also

directed to deposit interest @ 6% per annum on the

amount of Rs.95,000/-, which was deposited by the

Insurance Company and already withdrawn by the

claimant/injured, before the office of the learned Registrar

General of this Court from the date of filing of the claim

petition, i.e., on 11th May, 2001 till the date of receipt of

the amount on behalf of the claimant/injured.

The learned Registrar General is requested to

disburse the amount with interest to the appellant/

claimant/injured on proper identification.

With the above observation, the appeal, being FMA

148 of 2005, 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.)