Calcutta High Court (Appellete Side)
Parbati Murmu & Ors vs National Insurance Company ... on 4 January, 2023
23
04.01.2023
Ct. No.237
pg.
IN THE HIGH COURT AT CALCUTTA
CIVIL APPELLATE JURICTION
APPELLATE SIDE
FMA 375 of 2009
Parbati Murmu & Ors.
Vs.
National Insurance Company Limited & Anr.
Mr. Snehasis Jana
... For the appellants/claimants
Mr. Rajesh Singh
... For the respondent no.1/Insurance Co.
This appeal is directed against the judgment and
award passed on 27th May, 2008 by the learned Judge,
Motor Accident Claims Tribunal, Additional District Judge,
4th Court, Paschim Medinipore, in connection with MAC
Case No.227 of 2007 whereby the learned Judge awarded
compensation to the tune of Rs.1,90,000/-.
The claim petition arose out of an application filed
under Section 166 of the Motor vehicles Act, 1988 on
account of death of one Dhananjoy Murmu in a motor
accident occurred on 3rd April, 2007 at about 5.45 p.m. by
the involvement of one Bus, bearing registration no.WGB-
4367. At the time of accident, Dhananjoy Murmu was
returning home from his work place at Ghatal by a cycle.
At that time, near Ghatal No.11 of Ghatal - Chandrakone
Road, one Bus, bearing registration no.WGB-4367, coming
from the opposite side at high speed with rash and
negligent manner, dashed the said Dhananjoy Murmu who
2
died on spot. At the time of accident, the deceased was 24
years of age having income of Rs.3,000/- per month as a
mason. The claim petition was filed with a prayer for
compensation to the tune of Rs.5,00,000/-.
Owner of the offending vehicle did not contest the
claim petition but the National Insurance Company
Limited contested the case by filing written statement
denying all averments in the claim petition contending,
inter alia, that the Insurance Company is not liable to pay
any compensation.
On behalf of the appellants/claimants, i.e., widow
and parents of the deceased, two witnesses were
examined. Parbati Murmu, widow of the deceased,
examined herself as PW-1 who corroborated the contents
of the claim petition and one Chandi Tudu as PW-2,
claimed himself to be an eyewitness to the accident,
testified that on 3rd April, 2007 at about 5.45 p.m. he saw
the accident as he was also coming with the deceased by
cycle.
In course of the evidence, certified copy of the First
Information Report, charge sheet, post mortem report and
photocopy of the Insurance Policy were admitted as
Exhibit 1 to 4.
After considering the entire evidence on record, the
learned Tribunal assessed the compensation to the tune of
Rs.1,90,000/- after assessing monthly income of
3
Rs.1,500/- per month at the time of death of the deceased
Dhananjoy Murmu.
In course of argument, none of the learned
advocates appearing to this appeal advanced any
argument regarding the accident or negligence on the part
of the offending vehicle. That apart, from the evidence
together with the certified copy of FIR and charge sheet
(Exts.-1 and 2), I find no scope to discuss further on these
issues.
With regard to the compensation, I find that this
case arose out of an accident happened in the year 2007
and the learned Tribunal took the monthly income of
Rs.1,500/- instead of Rs.3,000/- per month. That apart,
the learned Tribunal did not consider the future prospect
and general damages in terms of the principle laid down
by the Hon'ble Apex Court in Sarala Verma (Smt.) & Ors.
v. Delhi Transport Corporation & Anr. reported in
(2009) 6 SCC 121 and National Insurance Co. Ltd. v.
Pranay Sethi & Ors. reported in 2017 ACJ 2700.
In the aforesaid view of the matter, I find it
necessary to modify the award as follows:-
Monthly Income Rs. 3,000/-
Annual Income (Rs.3,000/- x 12) Rs. 36,000/-
Add: Future prospect (@ 40%) Rs. 14,400/-
-------------------
Rs. 50,400/-
Less: 1/3rd Deduction (personal expenses) Rs. 16,800/-
-------------------
Rs. 33,600/-
Multiplier by 18 (as per age of the victim) x 18
Rs.6,04,800/-
Add: General Damages Rs. 70,000/-
Total Rs.6,74,800/-
Less - Awarded by ld. Tribunal Rs.1,90,000/-
ENHANCEMENT Rs.4,84,800/-
For the reasons, it is seen that the
appellants/claimants are entitled to the total
compensation to the tune of Rs.6,74,800/- along with
interest @ 6% per annum from the date of filing of the
claim petition, i.e. on 16th April, 2007 till the deposit of the
amount.
It is reported that the appellants/claimants have
already received Rs.1,90,000/- as awarded by the learned
Tribunal without any interest.
Therefore, the appellants/claimants are entitled to
the balance amount of Rs.4,84,800/- along with interest @
6% per annum from the date of filing of the claim petition,
i.e., on 16th April, 2007 till the deposit of the amount.
Accordingly, the respondent no.1/National
Insurance Company Limited is directed to deposit the
enhanced amount of Rs.4,84,800/- along with interest @
6% per annum from the date of filing of the claim petition,
i.e. on 16th April, 2007 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
awarded amount of Rs.1,90,000/- by the learned Tribunal
from the date of filing of the claim petition, i.e., on 16th
April, 2007 till the date of receipt of the amount by the
appellants/claimants before the office of the learned
Registrar General of this Court.
The appellants/claimants are entitled to withdraw
the balance award amount with interest, subject to
payment of additional ad valorem court fees on the
amount of Rs.1,74,800/- (Rs.6,74,800/- - Rs.5,00,000/-)
before the learned Tribunal.
The learned Registrar General is requested to
disburse the entire amount to the appellant/claimant
nos.1 and 2 in equal share on proper identification.
With the above observation, the appeal, being FMA
375 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.)
