Calcutta High Court (Appellete Side)
Tusi Mondal & Ors vs The Oriental Insurance Co. Ltd. & Anr on 3 October, 2024
In The High Court At Calcutta
Civil Appellate Jurisdiction
Appellate Side
Present:-
The Hon'ble Justice Ananya Bandyopadhyay
FMA No. 1186 of 2024
Tusi Mondal & Ors.
v.
The Oriental Insurance Co. Ltd. & Anr.
Mr. Amit Ranjan Roy
... for the appellants/claimants.
Mr. Sanjay Paul
Ms. Jaita Ghosh
... for the respondent no.1/insurance
company.
Heard on: 3rd October, 2024.
Judgment on: 3rd October, 2024.
Ananya Bandyopadhyay, J:-
The learned advocates for the appellants as well as respondent Nos. 1
are present.
The instant appeal has been filed against the judgment and award
dated 31st August, 2022 passed by the learned Judge, Motor Accident Claims
Tribunal, cum Judge Special Court (E.C. Act Berhampore Murshidabad) in
M.A.C. Case No. 170 of 2018.
The claimants have filed an application under Section 166 of the MV
Act claiming compensation to the tune of Rs.10,00,000/-. The victim aged
about 31 years died out of an accident which occurred on 01.05.2018 at
about 11.30 p.m. with the involvement of the offending vehicle being a Truck
2
bearing Registration No. WB025-9811 which approached in a rash and
negligent manner and collided with the vehicle bearing Registration No. WB-
58AF-8004 wherein the victim had been the owner cum driver. Subsequently,
the victim succumbed to his injuries at Murshidabad Medical Collages and
Hospital. The learned advocate for the appellants/claimants disputed the
income of the victim as Rs. 5100/- assessed by the learned tribunal in M.V.
Case No. 170 of 2018 discarding the claim of the petitioner NO.1 the wife of
the victim to be Rs. 6000/- per month. It was further submitted that the
aspect of future prospect and general damages had been wrongly calculated
and the percentage of interest was in adequate.
The learned advocate for the respondent Nos. 1/insurance company
opposed the contentions of the learned advocate for the appellants/claimants
and further submitted that the appellants/claimants did not produce any
documentary evidence to prove the monthly income of the victim to be Rs.
6000/- and the learned tribunal had rightly assessed the amount of
compensation. The driving licence of the victim was marked as Ext.5 and the
deposition of the P.W.1 being the wife of the victim stating the monthly
income of the victim to be Rs. 6000/- per month working as a driver could
not be improbable considering the fiscal index prevalent at the relevant time
of the accident.
The learned advocate for the respondent No.1/insurance company did
not dispute the occurrence of the accident, the involvement of the offending
vehicle, the route permit, the insurance policy.
3
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 & Anr2, the impugned award of Rs. 5,97,000/- is modified as
follows:
Monthly Income Rs. 6000/-
Annual Income x 12
Rs. 72,000/-
Future Prospect to be added( 40%) Rs. 28,800/-
------------------
Rs. 1,00,800/-
Rs. 33,000/-
Less 1/3rd Personal Expenses Rs. 67,200/-
Multiplier to be "16" Rs. 67,200/-
Rs. 10,75,200/-
General Damages Rs. 77,000/-
Rs. 11,52,200/-
Less Award
Rs. 6,70,000/-
------------------
Entitlement
Rs. 4,81,400/-
The learned advocate for the appellants/claimants submitted that the
appellants/claimants have withdrawn a sum of Rs.6,70,000/-. The
appellants/claimants are entitled to a sum of Rs.4,81,400/- along with 6%
interest per annum to be paid from the date of filing of the application under
Section 166 of the Motor Vehicles Act till the date of its realization.
The learned advocate for the respondent No.1/insurance company is to
deposit the balance sum of Rs. 4,81,400/- along with 6 % per cent interest
per annum from the date of filing of the claim application before the office of
1 2017(4)TAC 673(S.C)
(2009) 6 SC 121
the learned Registrar General, High Court Calcutta within eight weeks from
the date of passing of this order.
The office of the Registrar General, High Court, Calcutta shall encash
the said cheque and thereafter disburse the amount to the present
appellants/claimants in equal proportion as mentioned in the award passed
by the learned Judge, Motor Accident Claims Tribunal, cum Judge Special
Court (E.C. Act Berhampore Murshidabad) in M.A.C. Case No. 170 of 2018
on proof of proper identification of the appellants/claimants subject to
payment of ad valorem Courts fees.
The instant appeal is disposed of accordingly.
Copy of the order be sent to the Department as well as concerned
tribunal for information.
c.m
(Ananya Bandyopadhyay, J.)
