Calcutta High Court (Appellete Side)
The Oriental Insurance Co. Ltd vs Sabita Biswas & Anr on 1 October, 2024
In The High Court At Calcutta
Civil Appellate Jurisdiction
Appellate Side
Present:-
The Hon'ble Justice Ananya Bandyopadhyay
F.M.A. No. 522 of 2023
The Oriental Insurance Co. Ltd.
Versus
Sabita Biswas & Anr.
With
FMA 831 of 2022
Sabita Biswas.
Vs.
The New India Assurance Co. Ltd & Anr.
Ms. Sucharita Paul
...for the Appellant/Insurance Company.
Mr. Amit Ranjan Roy
...for the Respondent/Claimant.
Heard on: October 1, 2024.
Judgment on: October 1, 2024.
Ananya Bandyopadhyay, J:- Both the learned Advocates for the
appellant/insurance company and the respondent/claimant are present.
The instant appeal has been filed against the judgment and award dated
4th March, 2022 passed by the learned Motor Accident Claims Tribunals, cum
Additional District Judge, Fast Track Court-II, Krishnanagar, Nadia in M.A.C.
Case No. 91 of 2018.
The learned advocate for the appellant/insurance company stated that the
professional tax to the extent of Rs.130 was not deducted from the monthly
income of the victim. The learned tribunal erred in granting a sum of
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Rs.7,00,000/- as exgratia to which the victim was not entitled to. Considering
the age of the victim the learned tribunal as considered the multiplier to be 16
instead of 15. The learned advocate for the appellant/insurance company relied
on the judgement by a Coordinate Bench of this Court in FMA 522 of 2023 and
FMA 831 of 2022.
The learned advocate for the respondent/claimant refuting the
contentions of the learned advocate for the appellant/insurance company
further emphasised the fact that the learned tribunal erred in not granting
interest on the compensation award from the date of filing of the claim
application under Section 166 M.V. Act.
An application was filed under Section 166 of the M.V. Act concerning an
accident, which occurred on 29th January, 2018 at about 6.40 a.m. whereby the
victim had been a passenger of a sub bearing registration no.WB-63 A/3214,
which incidentally fell into a river causing death of the victim aged about 39
years, who had been a primary teacher in Palgachhi MGD Primary School in the
District of Malda. The accident occurred on 29.01.2018 at about 6.40 a.m. on
Nolini Bagchi Setu. The victim expired at Mrushidabad Medical College and
Hospital at Baharampur.
The learned Advocate for the appellant/insurance company did not
dispute the occurrence of the accident, the involvement of the offending vehicle,
the route permit, the insurance policy, etc.
The service record of the victim marked as Exhibits 10 and 11 by the
learned Tribunal mentioned the age of the victim to be 39 years and,
accordingly, the multiplier should have been considered to be 15. The
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professional tax of Rs.130 should have been deducted from the monthly income
of the victim. It further appeared that the appellant/insurance company did not
controvert the sum of Rs.7,00,000/- granted as exgratia during the recording
the evidence by the Learned Tribunal, not to be interfered with by this Court.
Considering the observations of the Hon'ble Apex Court Pranay in National insurance
company Ltd. Vs. Pranay Shetty & Anr1 and Sarala Verma & Ors. Vs. Delhi Transport
Corporation & Anr.2, the impugned award of Rs. 25,89,737/- is modified as follows:
Income Rs. 19,930/-
130/-
Less P. Tax Rs. 19,800/-
Future Prospect to be added( 50%) Rs. 9,900/-
------------------
Rs. 29,700/-
Annual Income ______________
Rs. 3,56,400/-
Less Personal Expenses (50%) Rs. 1,78,200
Rs. 1,78,200/-
Rs. 26,73,000/-
Rs. 36,000/-
General Damages
Rs. 27,09,000/-
It was further submitted by the Learned Advocate for the
appellant/insurance company that the Appellant/Insurance Company had
deposited the entire awarded amount with an interest of 6 % per annum from
the date of filing of the claim application i.e. 38,31,560/- as per the challan filed
by the learned advocate for the Appellant/Insurance company. The
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respondent/claimant is entitled to receive the balance amount of Rs.
27,09,000/- at the rate of 6% per cent per annum from the date of filing of the
claim application till the date of actual realization.
The office of the Registrar General, High Court at Calcutta is to deduct the
entire amount inclusive of the awarded amount as aforesaid along with an
interest of 6 % per annum on the same from the date of filing of the claim
application till the date of realization, from the deposited amount in this Court
and refund the balance amount through a cheque to the learned advocate for the
insurance company for the accounts of the insurance company. The interest
generated on the sum of money deposited by the appellant/insurance company
at the office of the learned Registrar General, High Court at Calcutta which has
been further deposited in the nationalized bank by the office of the learned
Registrar General, High Court at Calcutta is to be apportioned and the sum of
interest accrued on the aforesaid amount is to be disbursed in favour of the
respondent/claimant and the balance sum of interest to be refunded to the
insurance company through distinct account payee cheques.
The instant appeals are disposed of accordingly.
The interim order if any stand vacated.
Copy of the order be sent to the Department as well as the concerned
tribunal as expeditiously as possible.
c.m.
(Ananya Bandyopadhyay, J.)
(2009) 6 SC 121
