Anirban Mazumder vs New India Assurance Co. Ltd. & Anr
2023 Latest Caselaw 6730 Cal

                          IN THE HIGH COURT AT CALUTTA
                             Civil Appellate Jurisdiction
 04.10.2023
SL No.18
Court No. 551
   Ali


                             FMA 60 of 2012
                IA No.:CAN/2/2013 (Old No.:CAN/6953/2013)
                       CAN/3/2015 (Old No.:CAN/8954/2015)

                            Anirban Mazumder
                                   Vs.
                     New India Assurance Co. Ltd. & Anr.

                    Mr. Krishanu Banik,
                    Mr. Tathagata Banik
                              ................ for the appellant-claimant.

                    Mr. Parimal Kumar Pahari
                                  ...for the respondent Insurance Co.

The instant appeal has been preferred

against the judgment and award dated 29th day of

June, 2010 passed by learned Judge, Motor

Accident Claims Tribunal, Asansol, in MAC Case no.

45/200 of 2005.

The brief fact of the case is that the present

appellant being the claimant preferred an

application before the learned tribunal for getting

compensation under Section 166 of the M.V. Act on

the ground that the claimant has sustained severe

physical injury in a road traffic accident due to rash

and negligent driving of the driver of the offending

vehicle duly insured under the policy of the

insurance company.

The claim case was contested by the

insurance company and after hearing both the

parties the learned tribunal has awarded a sum of

Rs. 73,400/- in favour of the claimant.

Being aggrieved by and dissatisfied with the

said award of compensation the present appeal has

been preferred for enhancement of the award.

The learned advocate for the appellant

submits that the claimant has admitted to Apollo

Gleneagles Hospitals, Kolkata for treatment after

such accident. He was admitted there on

11.06.2005 and discharged therefrom on

22.6.2005. He sustained severe injuries and

operation was held thereon. The right eye of the

claimant was severely affected and he become

permanently disabled. The bills of the Appollo

Gleneagles Hospitals, Kolkata has been proved by

PW-2 but the same was not considered by the

learned tribunal. He further argued that the

learned tribunal has failed to assess the

compensation adding the future prospects

according to the observation of the Hon'ble Apex

Court passed in Pranay Sethi so he prayed for

just and proper compensation.

Learned advocate appearing on behalf of the

insurance company raised strong objection and

submitted before this court that though the

claimant admitted to the Hospital but his vision in

the right side eye was not permanently effected. No

documents are there regarding the loss of vision.

He further argued that the learned tribunal has

correctly assessed the compensation. It is the

submission of the learned advocate for the

insurance company that the medical bills were

sufficiently proved before the learned tribunal so

that may be considered for assessing the just and

proper compensation.

Heard the learned advocate perused the

materials on record. I have also perused the

discharged certificate issued by the Appollo

Gleneagles Hospitals, Kolkata. It appears that the

claimant was admitted to the Hospital since

11.06.2005 to 22.6.2005. The discharge certificate

shows that the claimant has sustained some

facture injuries over the front portion of his head

and the eyes were also effected by such accident.

However, it is not clear regarding the loss of eye

sight of the claimant whether partial or

permanent. However, in considering the fact that

the award was not challenged by the insurance

company, so I think it necessary that the

observation of the learned tribunal regarding the

monthly income of the deceased and due to the

partial loss of eye sight the functional disability is

correctly calculated to be 10%.

In my view, the bills of Appollo Gleneagles

Hospitals, Kolkata has been sufficiently proved by

the learned tribunal so the claimant/appellant is

entitled to get the pecuniary damages of Rs.

1,47,224/-. Considering the entire aspects the

impugned award passed by the learned tribunal

need be modified.

The just and proper compensation is

calculated hereunder:-

The monthly income be assessed Rs.

2,000/-. The 40% towards the future prospects is

added thus the monthly income comes to Rs.

2,800/-. The functional disability is 10% thus the

monthly dependency comes to Rs. 280/-. The

yearly dependency comes to Rs. 3,360/- The

deceased was within the age group of 20 years at

the time of accident thus the applicable multiplier

in this case is 18. So after applying the multiplier

the award comes to Rs. 60,480. Rs. 1,47,224/- is

added towards the pecuniary damages thus the

award comes to Rs. 2,07,704/-.Regarding non

pecuniary damages, Rs. 20,000/- was awarded in

favour of the appellant by the learned tribunal. In

considering the facts and circumstances of this

case, the non pecuniary damages should be

considered to be Rs.40,000/- so after adding all

the heads the award comes to Rs. 2,47,704/-

The learned tribunal has already awarded to

be Rs.73,400/- so the insurance company is

directed to pay the balance amount of Rs.

1,74,304/- along with interest @ 6% per annum

from the date of filling of the claim application i.e

from 10.8.2005 within 10 weeks from the date of

passing of this order with the office of the learned

Registrar General, High Court, Calcutta. On such

deposit the claimant is at liberty to receive the same

on usual terms and conditions.

The instant FMA 60 of 2012 is 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.)