Reliance General Insurance Co. ... vs Manju Shaw @ Saha @ Sau & Ors
2023 Latest Caselaw 3696 Cal

07.06.2023

Ct. 551
Sd./21.            FMA 1191 of 2013


              Reliance General Insurance Co. Ltd.
                            Vs.
               Manju Shaw @ Saha @ Sau & Ors.



               Mrs. Gopa Das Mukherje ..For the appellant.

               Mr. Sanat Kr. Roy
               Mr. Abhishek Banerjee
                         ..For the respondent nos. 1-4

The instant appeal has been preferred against

the judgment and award passed on 20.12.2012 by

the learned Judge, Motor Accident Claims Tribunal,

2nd Court, Burdwan in Motor Accident Claim Case

No. 43/87 of 2010.

The appellant Reliance General Insurance Co.

Ltd. preferred this appeal on the ground that the

award passed by the learned Tribunal is wholly

arbitrary and whimsical. The learned Tribunal has

miscalculated the compensation and passed an

erroneous award. It is the further argument of the

learned advocate for the appellant that the Insurance

Company has no liability to indemnify the owner of

the vehicle for the death of the driver since she did

not offer or pay any premium to cover the risk of the

driver who died during the course of his employment.

It is the further argument of the appellant that the

claim should be limited to the extent as provided for

under the Employees' Compensation Act, 1923,

formerly known as Workmen's Compensation Act,

1923. He further argued that the offending vehicle

was not covered under the policy of the Insurance

Company. Thus, the award is liable to be set aside.

Learned advocate appearing for the respondent

claimant submitted before this Court that the driver

of the vehicle died in a road traffic accident and the

wife and children are the claimants in this case. The

instant claim case was preferred under section 163A

of the Motor Vehicles Act. He further argued that the

learned Tribunal has considered each and every

materials, and after considering the same, the award

was passed which is not at al arbitrary. He further

argued that the learned advocate for the Insurance

Company has been misguided by the company to file

the instant appeal. Actually, there is no ground to

prefer the appeal. So, he prayed for dismissal of the

appeal.

Heard the learned advocates. Perused the

impugned order and also the record. I have also

perused the LCR and paper book prepared by the

Insurance Company.

Considering the materials on record, it appears

that the claim application was preferred under

section 163A of the Motor Vehicles Act. The

determination under section 163A of the Motor

Vehicles Act is very limited. The claim under the said

section is on the basis of the principle of no fault

liability. In determining the said notion, the learned

Tribunal has considered the pleadings of the parties

and passed the impugned award. It appears that the

present claimants are the wife and children of the

deceased. So, they are legally entitled to get the

compensation. In perusing the computation, it

appears that the learned Tribunal has applied the

multiplier of 16 as the victim was within the age

group of 35-40 years. The documents annexed

herewith, the LCR supports the judgment and

adoption of multiplier in this case. The Voter I Card

and Post Mortem report were considered by the

learned Tribunal in considering his age. So, I find no

infirmity in such conclusion. The income of the

deceased was calculated as Rs. 3,000/- p.m. which is

the notional income. So, I find no infirmity there also.

Considering the entire circumstances, it appears to

me that the award passed by the Tribunal has

suffered no illegality.

Thus, I find no merit to entertain the instant

appeal. Accordingly, the instant appeal is hereby

dismissed.

The Insurance Company has already deposited

the entire awarded amount with the learned Registrar

General of this Court. Thus, the learned Registrar

General is directed to disburse the awarded amount

with accrued interest to the claimants directly to their

account through RTGS or through Account Payee

cheques.

Accordingly, the FMA 1191 of 2013 is disposed

of.

Connected applications, if any, are also

disposed of.

Parties are directed to act upon the server copy

of this order.

Certified copy, if applied for, be handed over on

urgent basis.

( Subhendu Samanta, J. )