Calcutta High Court (Appellete Side)
Maya Kapat vs Iffco Tokio General & Anr on 29 September, 2023
29.09.2023
Ct. 654
D/L 213
ab
IN THE HIGH COURT AT CALCUTTA
CIVIL APPELLATE JURIDICTION
APPELLATE SIDE
FMA 60 of 2013
Maya Kapat
-Vs-
IFFCO Tokio General & Anr.
Mr. Subhankar Mandal
... for the appellant-claimant
Mr. Rajesh Singh
... for the respondent No. 1-insurance company
This appeal is preferred against the judgment and
award dated 31st July, 2019 passed by the learned
Additional District Judge-cum Judge, Motor Accident
Claims Tribunal, Fast Track Court-III, Diamond
Harbour, 24 Parganas (South) in MAC Case No. 171 of
2016 granting compensation of Rs. 19,14,246/-
together with interest in favour of the claimant under
Section 166 of the Motor Vehicles Act, 1988.
The brief fact of the case is that on 18th January,
2016 at about 1.30 p.m. while the victim was standing
by the side of the road to return home by car at that
relevant point of time, the offending vehicle bearing
registration No. WB-19F/5020 (Bus) in a rash and
negligent manner dashed the victim resulting in
bleeding injuries all over the body. Immediately, the
victim was taken to Diamond Harbour Sub-Divisional
Hospital where the attending doctor declared him dead.
On account of sudden demise of the victim, the
claimant being the mother of the deceased filed
application for compensation of Rs. 23,00,000/-
together with interest under Section 166 of the Motor
Vehicles Act, 1988.
The claimant in order to establish her case
examined three witnesses and produced documents,
which have been marked as Exhibits 1 to 13
respectively.
The respondent no.1-insurance company did not
adduce any evidence.
Since the respondent no. 2-owner of the offending
vehicle did not contest the claim application and the
case was disposed of ex parte against him, service of
notice of appeal upon the said respondent stands
dispensed with.
Upon considering the materials on record and the
evidence adduced on behalf of the claimant, the learned
Tribunal granted compensation of Rs. 19,14,246/-
together with interest in favour of the claimant under
Section 166 of the Motor Vehicles Act, 1988.
Being aggrieved by and dissatisfied with the
impugned judgment and award of the learned Tribunal,
the claimant has preferred the present appeal.
Mr. Subhankar Mandal, learned advocate for the
appellant-claimant submits that the learned Tribunal
failed to grant an amount equivalent to 40% of the
annual income of the victim towards future prospect. In
the light of the aforesaid submission, he prays for
modification of the impugned judgment and award of
the learned Tribunal.
Mr. Rajesh Singh, learned advocate for the
respondent no. 1-insurance company opposes such
prayer.
Having heard the learned advocates for the
respective parties, the only issue that has fallen for
consideration, is whether the claimant is entitled to an
amount equivalent to 40% of the annual income of the
victim towards future prospect.
It is not in dispute that at the time of accident,
the victim was 27 years of age and he was running a
business. Following the observations of the Hon'ble
Supreme Court made in National Insurance Company
Limited versus Pranay Sethi and others reported in
2017 ACJ 2700, the claimant is entitled to an amount
equivalent to 40% of the annual income of the victim
towards future prospect.
The other factors have not been challenged in this
appeal.
Bearing in mind the above factors, calculation is
made hereunder:
Calculation of Compensation
Yearly Income Rs.2,21,677/-
Add: 40% of the annual income Rs.88,671/-
towards future prospect
Total income Rs.3,10,348/-
Less: 1/2nd towards personal Rs.1,55,174/-
and living expenses
Rs.1,55,174/-
Multiplier 17 Rs.26,37,958/-
(Rs.1,55,174/- x 17)
Add: General damages Rs.30,000/-
Loss of estate: Rs.15,000/-
Funeral Expenses: Rs.15,000/-
Total compensation Rs.26,67,958/-
Thus, total amount of compensation comes to Rs.
26,67,958/-. It is informed that the claimant has already
received the awarded compensation of Rs. 19,14,246/-
together with interest in terms of the order of the learned
Tribunal. Accordingly, the claimant is entitled to balance
amount of compensation of Rs. 7,53,712/- together with
interest @ 6% per annum from the date of filing of the
claim application (26.05.2016) till payment.
Respondent no. 1-Insurance Company is directed to
deposit the balance amount of compensation together
with interest as above before the learned Registrar
General, High Court, Calcutta by way of a cheque within a
period of six weeks from date.
The appellant-claimant is directed to deposit ad
valorem Court fees on the balance amount of
compensation assessed, if not already paid.
Upon deposit of the balance amount of
compensation and the interest as indicated hereinabove,
learned Registrar General, High Court, Calcutta shall
release the aforesaid amount in favour of the appellant-
claimant, upon satisfaction of her identity and payment of
ad valorem Court fees, if not already paid.
With the aforesaid observations, the appeal stands
disposed of. The impugned judgement and award is
modified to the above extent. No order as to costs.
All the connected applications, if any, stand
disposed of.
Interim order, if any, stands vacated.
Urgent photostat copy of this order, if applied for,
be given to the parties upon compliance of necessary legal
formalities.
( Bivas Pattanayak, J.)
