Calcutta High Court (Appellete Side)
Smt. Lata Rani Das & Anr vs New India Assurance Co. Ltd. & Anr on 19 September, 2023
19.09. 2023
item No.1
n.b.
ct. no. 551 FMAT 299 of 2013
with
IA No. CAN 1 of 2014(Old No. CAN 5230 of 2014)
+
CAN 2 of 2023
Smt. Lata Rani Das & Anr.
Vs.
New India Assurance Co. Ltd. & Anr.
Mr. Amit Ranjan Roy,
.....for the appellant.
Mr. Sanjoy Paul,
.... For the respondent.
In Re. CAN 1 of 2014(Old No. CAN 5230 of 2014)
This an application under Section 5 of the
Limitation Act for condonation of delay in preferring the
appeal.
Learned advocate for the appellant submits that
there are 222 days delay in preferring the instant appeal.
Heard the learned advocate. Considering the
submissions the CAN 1 of 2014(Old No. CAN 5230 of
2014) is disposed of. The delay in preferring the instant
appeal is hereby condoned.
The instant appeal is formally admitted. The
respondent no.1 New India Assurance Co. Ltd. is
represented.
The respondent no.2, the owner of the offending
vehicle did not contest the matter before the learned
Tribunal. So, the notice of appeal upon the respondent
no.2 is dispensed with.
It appears that a short point is involved in the
instant appeal. The matter can be dispensed with on
perusal of the impugned judgment itself. Thus, it is not
required to call for LCR.
In Re. FMAT 299 of 2013
The instant appeal has been preferred by the
claimants who are the fateful parents of the deceased.
The brief fact of the case is that the present appellants
being the petitioners filed an application before the
learned Tribunal under Section 166 of the M.V. Act for
getting compensation on the ground that their son aged
about 17 years was died in a road traffic accident due to
rash and negligent driving of the driver of the offending
vehicle duly insured by the Insurance Company.
The claim was contested by the Insurance Company
and after hearing the parties, the learned Tribunal was
awarded the compensation amounting to Rs.1,64,500/- in
favour of the claimants.
Being aggrieved by and dissatisfied with the said
order, the instant appeal has been preferred.
Heard the learned advocates for both the parties. It
appears that the income of the deceased was calculated by
the learned Tribunal to the tune of Rs.15,000/- per
annum. The accident happened in the year 2008 and the
present claimants of the fateful parents of the deceased, I
think it is necessary that the compensation should be
calculated according to the notional income of the
deceased to be Rs.3,000/- per month.
It further appears that the learned Tribunal has
deducted 1/3rd of the income of the victim towards his
personal expenses. The victim was a bachelor so, in this
case 50% should be deducted towards the personal
expenses.
It further appears that the learned Tribunal has
adopted multiplier to be 16 considering the age of the
parents. According to the observation of the Hon'ble
Supreme Court in Sarala Verma the applicable multiplier
should be considered according to the to be the age of the
deceased at the time of accident. The deceased was 17
years old at the timer of accident so, the applicable
multiplier would be 18.
Considering the observation of the Hon'ble Supreme
Court passed in Pranay Shetty the claimants being the
parents are entitled to get the general damages amounting
to Rs.30,000/-.
Considering the same, for just and proper
compensation of this case, the impugned award passed by
the learned Tribunal need be modified and recusted as
follows:
1. Monthly income Rs.3,000/-
2 Annual income (3,000 X 12) Rs.36000/-
3. Add future prospect 40% Rs.14,400
Rs.50,400/-
4. Less deduction towards 50 %
personal expenses Rs.25,200/-
Rs.25,200/-
5. Multipliers 18 (25,200 X 18) Rs.4,53,600/-
6. General damages (Rs.30,000 + 10%) Rs.33,000/-
Total Rs.4,86,600/-
7. Less award already received Rs.1,64,500/-
Rs.3,22,100/-
According the calculation made above, it appears
that the balance amount appears to Rs.3,22,100/-. The
Insurance Company is directed to pay the compensation
along with 6% interest per annum from the date of filing of
the application i.e. from 22.12.2018 within eight weeks
with the office of the learned Tribunal.
The Insurance Company is directed to pay the
compensation vide two equal account payee cheques in
the name of the claimants. Before realization of the same
compensation, the claimants are to deposit the deficit
advalorem court fees.
Accordingly, FMAT 299 of 2013 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.)
