Calcutta High Court (Appellete Side)
Buddhadeb Das vs The New India Assurance Co. Ltd. & ... on 6 October, 2023
06.10. 2023
item No.4
n.b.
ct. no. 551 FMAT 1180 of 2008
with
IA no. CAN 1 of 2023
Buddhadeb Das
Vs.
The New India Assurance Co. Ltd. & Anr.
Mr. Amit Ranjan Roy,
..... for the appellant.
Mr. Sanjay Paul,
Ms. Jaita Ghosh,
...... for the respondent.
In Re. CAN 1 of 2023
Heard the learned advocates. The delay in preferring
the instant appeal is hereby condoned.
The respondent no.1/Insurance Company has
already made appearance and respondent no.2 i.e. the
owner of the vehicle did not contest the matter before the
learned Tribunal. So, his appearance is not necessary for
the determination of the appeal and the service of notice of
appeal upon the respondent no.2 is dispensed with.
A very single point of law is involved in this appeal.
Thus, the appeal is taken up for hearing.
Accordingly, CAN 1 of 2023 is disposed of.
In Re. FMAT 1180 of 2008
The instant appeal has been preferred against the
judgment and award dated March 27, 2008 passed by the
learned Tribunal and Additional District Judge, 2 nd Court
Nadia, in M.A. C. case No. 641 of 2003.
The brief fact of the case is that the present
appellant being claimant preferred an application before
the learned Tribunal under Section 163A of the Motor
Vehicles Act for getting compensation from the Insurance
Company on the ground that he suffered a severe injury
due to road traffic accident happened for rash and
negligent driving of the driver of the offending vehicle duly
insured under the policy of the insurance company. It is
the case of the claimant that he sustained 55% permanent
disablement by such injury.
The claim case was contested by the Insurance
Company before the learned Tribunal.
After hearing the parties the learned Tribunal has
awarded a sum of Rs.2,18,200/- in favour of the
claimants.
Being aggrieved by and dissatisfied with the
impugned award, the present appeal has been preferred.
The instant appeal has a single ground that the income of
the injured was erroneously considered to Rs.1,500/- per
month only.
Learned advocate for the appellant submits that the
petitioner was a Manager of the brick field and used to
earn Rs.3,000/- per month. The plea of the appellant was
not considered by the learned Tribunal. Thus, such
meager amount of the monthly income was calculated. He
submitted for just and proper compensation of the case,
the monthly income of the claimant should be considered
to Rs.3,000/- .
Learned advocate appearing on behalf of the
Insurance Company submits that that claimant has not
filed any document regarding his occupation before the
learned Tribunal. Moreover, the income of the claimant
was not support by any oral evidence. Thus, the learned
Tribunal has committed no error.
Heard the learned advocate and perused the
materials on record. In considering the entire facts and
circumstances of the case, it appears to me that
occupation of the claimant was stated to be a Manager of
brickfield. Though, there is nothing before the learned
Tribunal to believe that the occupation of the claimant.
The manager of a brick filed would have no document to
show his income. The evidence of P.W. 1 was not
contradicted. Thus, in considering the oral evidences and
in considering the date of accident i.e. 9.11.2002, I thing
it would be fit to fix the monthly income of the claimant to
be Rs.2,500/- per month.
The observation of the learned Tribunal in respect of
other factors for determining just and proper
compensation appears to be justified. Hence, the
observation of the learned Tribunal and the award passed
by the learned Tribunal is hereby modified.
Considering the entire aspect the award passed by
the learned Tribunal need be modified and hereby
recusted as follows:
1. Monthly income Rs. 2,500/-
2. Year income (2,500 X12) Rs. 30,000/-
3. 55% disability Rs.16,500/-
4. Age 26 (multiplier) (16,500x18) Rs.2,97,000/-
5. Non pecuniary Rs.40,000/-
(already awarded) Rs.3,37,000/-
6. Tribunal awarded (-) Rs.2,18,200/-
Rs.1,18,800/-
The learned Tribunal awarded Rs.2,18,200 which
was received by the appellant. So, rest award comes to Rs.
1,18,800/-.
Insurance Company is directed to pay the above
mentioned award amount to the claimant through the
office of Learned Tribunal along with 6% interest per
annum from the date of filing of the claim application
within eight weeks from the date of passing of the order.
On such deposit, the claimants are at liberty to
receive the same subject to payment of ascertainment
payment of requisite court fees.
Accordingly, FMAT 1180 of 2008 is disposed of.
Connected applications, if any, are also disposed of.
All parties shall act on the server copy of this order
duly downloaded from the official website of this Court.
( Subhendu Samanta, J.)
