Calcutta High Court (Appellete Side)
Prafulla Naskar vs Icici Lombard General Insurance Co. ... on 3 September, 2024
In The High Court At Calcutta
Civil Appellate Jurisdiction
Appellate Side
Present:-
The Hon'ble Justice Ananya Bandyopadhyay
FMAT No.652 of 2019
Prafulla Naskar
v.
ICICI Lombard General Insurance Co. Ltd. & Ors.
Mr. Ashique Mondal ... for the appellant/claimant.
Ms. Gopa Das Mukherjee ... for the respondent no.1/insurance
company.
Heard on: September 3, 2024.
Judgment on: September 3, 2024.
Ananya Bandyopadhyay, J:- The learned advocates for the
appellant/claimant and the respondent No.1/insurance company are present.
The instant appeal has been filed by the appellant/claimant agitating the
impugned award dated 28.02.2019 passed by the learned Judge, Motor Accident
Claim Tribunal, 6th Court, South 24 Parganas, Alipore in disposing of the MACC
Case No.03 of 2014.
The learned advocate for the appellant/claimant submitted that the
learned tribunal has erred in considering the monthly income of the deceased
victim to be Rs. 3000/- disregarding his avocation as a 'vegetable seller' has
used to earn to Rs, 16,600/- per month. It was further submitted that the grand
of future prospect was not considered by the learned tribunal while computing
the compensation amount.
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The learned advocate for the respondent Nos. 1/insurance company
refuted to the claim of the learned advocate for the claimant/appellant on the
ground of the income of Rs. 16,600/- in absence of documentary evidence to
prove the same. It was further contended that the learned tribunal had
erroneously granted the rate of interest to be 8 % per annum which was
exorbitant.
The claim application was filed under Section 166 of the Motor Vehicles
Act, 1988 wherein the victim sustained injuries resulting in physical disability to
the extent of 36% to be out of an accident which occurred on 18.11.2013 at
about 9.30 p.m. near Nepalganj Hat within the jurisdiction of Bishnupur police
station with the involvement of the offending vehicle bearing registration No.
WB-03C-6973,
The occurrence of the accident, the driving licence, rout permit and other
ancillary issues have not been opposed by the learned advocate for the
respondent Nos. 1/insurance company. However, the victim sustaining his life
as a 'vegetable seller' could not have been in a position to provide documentary
evidence with regard to his daily earnings. The monthly income of a vegetable
seller in the year of 2013 can be Rs. 6000/- per month considering the fiscal
index.
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
1 2017(4)TAC 673(S.C)
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Monthly Income Rs. 6000/-
X 12
Annual Income ------------------
Rs. 72,000/-
Future Prospect to be added( 40%)
+ 28,800/-
Rs. 1,00,800/-
Multiplier to be "15" X 15
_______________
Rs.15,12,000/-
5,44,320/-
Disability (36%)
Rs. 73,047/-
Medical Expenses ______________
Rs. 6,17,367/-
Non Pecuniary Damages Rs. 50,000/-
-----------------
Less awarded amount Rs. 6,67,367/-
Rs. 3,17,447/-
Rs. 3,49,920/-
1. It was further submitted by both the learned advocates as aforesaid that
the appellant/claimant to have already received a sum of Rs. 3,17,447/.
The appellant/claimant is entitled to receive the balance amount of Rs.
3,49,920/- at the rate of 6% per cent per annum from the date of filing of
the claim application till the date of actual realization.
2. The respondent/insurance Company is to deposit the balance amount of
Rs. 3,49,920/- along with interest at the rate of 6 % per cent per annum
as aforesaid before the office of the learned Registrar General, High Court
Calcutta within six weeks from the date of passing of this order.
3. The office of the Registrar General, High Court, Calcutta shall encash the
cheque stipulating the entire calculated amount as aforesaid and
thereafter disburse the same to the present appellant/claimant as
(2009) 6 SC 121
mentioned in the impugned award dated 28.02.2019 passed by the learned
Judge, Motor Accident Claim Tribunal, 6th Court, South 24 Parganas,
Alipore in MACC Case No.03 of 2014 on proof of proper identification of
the appellant/claimant subject to payment of ad valorem Court fees.
4. The instant appeal is disposed of accordingly.
5. Copy of the order be sent to the Department as well as the concerned
tribunal as expeditiously as possible.
c.m. (Ananya Bandyopadhyay, J.)
