Calcutta High Court (Appellete Side)
Mira Mondal & Anr vs National Insurance Company Ltd. & ... on 17 July, 2023
IN THE HIGH COURT AT CALUTTA
Civil Appellate Jurisdiction
17.07.2023
SL No.5
Court No. 551
Ali
FMA 184 of 2014
With
COT 67 of 2013
Mira Mondal & Anr.
Vs.
National Insurance Company Ltd. & Anr.
Mr. Uday Sankar Chattopadhyay
Mr. Suman Sarkar Chatterjee,
Ms. Rajashree Tah,
Ms. TYrisha Rakshit
................ for the appellants-claimants.
Mr. Sanjay Paul
...for the respondent-insurance Co.
The instant appeal is preferred against the
judgment and order dated 24th March, 2011 passed
by learned Judge, Motor Accident Claims Tribunal,
3rd Court, Burdwan in M.A.C. Case no. 16/28 of
2009.
The brief facts of the case is that on 30th
December, 2008 the victim was going to the market
through the left side of old Burdwan-Bankura Road
at the time the offending truck bearing No. WGQ-
1276 which was coming in a high speed and in
negligent manner dashed the victim from behind for
which he sustained severe injuries and died at the
spot. On such accident, the parents of the victim
filed a claim application before the learned tribunal.
The learned tribunal after considering the
application as well as the evidences on record
allowed the claim application in favour of the
claimants-appellants and directed the insurance
company to pay the compensation amounting to
Rs.3,37,300/- alongwith interest @ 6% per annum
from the date of filing of the claim case.
The insurance company has also filed one
cross appeal against the said judgment which is
taken up together alongwith this appeal.
The appellant-claimant has only one ground
before this appellate court. It is the sole ground of
the appellant that learned tribunal has not
considered the income of the deceased. The income
of the deceased was erroneously calculated by the
learned tribunal by fixing the daily income of
Rs.100/-. He further pointed out that the learned
tribunal at the time of assessing the compensation
is of view that the income of the deceased victim
would be Rs. 2,600/- per month which was
erroneous. He submitted before this court that the
claim application was filed showing the income of
the deceased to be Rs. 3,300/- as a mason. PW-2
was deposed before the learned tribunal and
submitted that the victim was a mason, so
considering the same the income of the deceased
cannot be assessed Rs.2,600/- per month.
Learned advocate for the insurance company
submitted before this court that the learned tribunal
has committed no error in determining the income of
the deceased in this case. He further pointed out
that no document of proof of income was produced.
No employer was adduced before the learned
tribunal thus the income of the deceased was
correctly considered by the learned tribunal.
Heard the learned advocate perused the
materials on record it appears that the deceased was
a mason by profession and his income was stated
Rs.3,300/- though no specific document was
produced or no employer was adduced before the
learned tribunal but it appears to be that the
deceased died in the year 2008.
By virtue of the decision passed by this
court and in several occasions. Wherein it is the
practice of this court to adopt the notional income of
the deceased who died prior to 2010 is Rs.3,000/- in
the absence of any particular document to that
effect. Thus in this case, the income of the deceased
can be assessed Rs. 3,000/- per month. Considering
the same the impugned award passed by the learned
tribunal is hereby modified. Thus, the just and
proper compensation of this case is hereby recasted
as follows:-
Calculation of compensation
Monthly Income be assessed as.............Rs.3,000/-
Less 1/3rd ............................................Rs.1,000/-
Rs. 2,000/-
3. Annual Income be assessed as
...(Rs.2,000/- X 12)............. Rs.24,000/-
4. Multiplier 16
( Rs.24,000/-X 16)......................................Rs.3,84,000/-
6. Add: General Damages......................Rs.4,500/-
Rs. 3,88,500/-
6. Less: Award already received.........Rs.3,37,300/-
Balance compensation.......... Rs. 51,200/-
The insurance company is directed to pay
the balance amount alongwith interest @ 6% per
annum from the date of filing of the claim
application i.e. from January 29, 2009 within eight
weeks from the date of passing of this order through
the office of learned Registrar General, High Court,
Calcutta. On such deposit the office of learned
Registrar General, High Court, Calcutta shall
disburse the balance amount alongwith accrued
interest, if any, to the claimants-appellants
according to prevalent rules.
The instant FMA alongwith COT 67 of
2013 are disposed of.
All connected applications, if any, stand
disposed of.
Interim orders, if any, stand vacated.
Parties to act upon the server copy and
urgent certified copy of this order be provided on
usual terms and conditions.
(Subhendu Samanta, J.)
