Calcutta High Court (Appellete Side)
National Insurance Co. Ltd vs Rina Das & Ors on 7 October, 2024
In The High Court At Calcutta
Civil Appellate Jurisdiction
Appellate Side
Present:-
The Hon'ble Justice Ananya Bandyopadhyay
FMA 705 of 2023
CAN 1 of 2023
CAN 2 of 2023
CAN 3 of 2024
National Insurance Co. Ltd.
Versus
Rina Das & Ors.
Mr. Guddu Singh ...for the Appellant/Insurance Company.
Mr. Jagannath Ganguly
...for the Respondents/Claimants.
Heard on: 07.10.2024.
Judgment on: October 07, 2024.
Ananya Bandyopadhyay, J:- Both the Learned Advocates for the
appellant/insurance company and the respondents/claimants are present.
The instant appeal has been filed against the judgment and award
dated 30th July, 2022 passed by the Learned Motor Accident Claims
Tribunals, cum Additional District and Sessions Judge, 7 th Court, Barasat,
North 24 Parganas in M.A.C. Case No. 549 of 2015.
Learned Advocate appearing on behalf of the appellant/insurance
company disputed the grant of compensation by the Learned Tribunal
considering the computations denoted in Serial No. 6, 7 and 9 of the table
delineated in the impugned judgment and award whereby the sum of Rs.
100000/-, 25000/-, and 100000/- had been granted respectively against the
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loss of estate/love and affection, funeral expenses and cost of litigation and
loss of consortium.
The Learned Advocate for the respondent/claimants opposed the
contention of the Learned Advocate for the appellant/insurance company
emphasising that the Learned Tribunal had correctly computed the amount
of compensation.
An application under Section 166 of the Motor Vehicles Act had been
filed by the claimants seeking compensation for the death of the victim in an
accident which occurred on 6th September, 2014 at about 4.00 p.m. with the
involvement of the offending vehicle bearing Registration No. WB-04E/1886
(Auto Rickshaw) near Lake Town Police Station due to the rash and negligent
driving of the driver of the offending vehicle which hit the victim resulting in
his death at N.R.S Medical College and Hospital, eventually.
The Learned Tribunal did not consider the propositions of the Hon'ble
Supreme Court as decided in National insurance company Ltd. Vs. Pranay
Shetty & Anr. and erroneously granted the amount stipulated in serial No. 6,
7 and 9 of the table as mentioned in the impugned judgment and award.
The Learned Tribunal had granted liberty to the appellant/insurance
company to recover the amount of compensation from the owner of the
offending vehicle and the said direction of the Learned Tribunal is not
interfered with.
The impugned award of Rs. 7,28,749/- is modified as follows:-
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Monthly Income Rs. 3,000/-
Annual Income X 12
------------------
After deducting one third of the personal Rs. 36,000/-
expense - 12000/-
-------------------
Rs. 24,000/-
Add Future Prospects (25%) Rs. 30,000/-
_______________
Multiplier to be "13" Rs. 3,90,000/-
Loss of estate/love and affection Rs. 15,000/-
Funeral expenses and cost of litigation Rs. 15,000/-
Medical expenses Rs. 1,13,749/-
Loss of consortium Rs. 40,000/-
Increase of 10% from 2017 on other Rs. 7000/-
damages ______________
Rs. 5,80,749/-
The application being CAN 3 of 2034 had been filed inter alia, stated that the
respondent No.2 expired on 03.10.2018 during the pendency of the appeal filed
under Section 166 of the Motor Vehicles Act resulting in MAC Case No. 549 of 2015.
The Learned Advocate for the appellant/insurance company had mentioned
the name of the respondent No.2 in cause title of the memo of appeal and the same
should be deleted owing to the death of the respondent Nos.2 during the pendency of
the aforesaid MAC case No. 549 of 2015.
The impugned judgment and award dated 30th July, 2022 passed by the
Learned Motor Accident Claims Tribunals, cum Additional District and
Sessions Judge, 7th Court, Barasat, North 24 Parganas in M.A.C. Case No.
549 of 2015 did not mention the name of the respondent No.2 to be one of the
claimants to have received the compensation amount in certain proportion.
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. 10,52,470/- as per the challan filed by the Learned Advocate for the
Appellant/Insurance company. The present respondents/claimants is entitled to
receive the balance amount of Rs. 5,80,749/- 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 had been further deposited in the
nationalized bank by the office of the Learned Registrar General, High Court at
Calcutta should be apportioned and the sum of interest accrued on the aforesaid
amount should be disbursed in favour of the respondents/claimants and the
balance sum of interest to be refunded to the insurance company through distinct
account payee cheques.
The instant appeal is disposed of accordingly.
The applications are disposed of.
The interim order if any stand vacated.
The Trial Court record be sent down forthwith to the concerned tribunal.
Copy of the order be sent to the Department as well as the concerned tribunal
as expeditiously as possible.
(Ananya Bandyopadhyay, J.)
