Calcutta High Court (Appellete Side)
Ajijur Rahaman @ Dulal Sk vs National Insurance Co. Ltd. & Anr on 12 September, 2024
IN THE HIGH COURT AT CALCUTTA
(Civil Appellate Jurisdiction)
APPELLATE SIDE
Present:
The Hon'ble Justice Shampa Dutt (Paul)
FMA No. 1068 of 2010
(FMAT 1700 of 2009)
Ajijur Rahaman @ Dulal Sk.
Vs.
National Insurance Co. Ltd. & Anr.
For the Appellant : Mr. Niranjan Maity.
For the Respondent No. 1/ : Mr. Rajesh Singh.
Insurance Company
For the Respondent No. 2/ : None.
Owner
Hearing concluded on : 20.08.2024
Judgment on : 12.09.2024
2
Shampa Dutt (Paul), J.:
1. The present appeal has been preferred by the claimant against the
Judgment and Award dated 06.08.2009 passed by Judge, Motor
Accident Claims Tribunal, Additional District Judge, District Judge,
10th Court at Alipore, South 24 Parganas, in M.A.C. case no. 30 of
2007, under Section 166 of the Motor Vehicles Act, 1988.
2. THE FACTS :-
"............On 18.01.2004 Ajijur Sk. @ Dulal Sk. was
standing by the eastern side non metal portion of Garia
Baruipore Road near Ramkrishna Mission Mandirgate,
the vehicle No. WB-20F/0027 (Motor Cycle) was
proceeding towards Baruipore side from Garia side
and that motor cycle dashed down Ajijur Sk. while
overtaking another vehicle through left side. Ajijur has
lost his active life and energy due to said accident and
he is unable to lead his normal life and he has become
completely dependent upon others. According to the
petitioner he was earning Rs. 3,000/- p.m. and he has
claimed Rs. 1,50,000/- towards compensation with
interest............"
3. Only the O.P. 2/National Insurance Co. Ltd. contested the case by filing
written statement denying and disputing the entire claim and
contention of the petitioner.
4. The Claimant's examined 3 witnesses and proved documents marked
Exhibit 1 to 7.
5. The Opposite Party did not adduce any evidence.
6. The tribunal finally held as follows :-
"................ MACC No. 30 of 2007
Dated 6th August, 2009
..............I find and hold that the petitioner is entitled
to get only a consolidated sum of Rs. 15,000/-
towards compensation and in my considered opinion
that amount would be just and adequate
compensation for the petitioner in the light of the facts
and circumstances of the case...........
Sd/-
10 Addl. Dist Judge, Alipore
th
MACC Tribunal Judge, Alipore........"
7. Being aggrieved, the claimant has preferred this appeal on the
ground :-
That the Learned Tribunal failed to grant "Just
Compensation" to which the claimant is entitled to as per the
provision of the motor vehicles act.
8. From the materials including the evidence, the following is
evident :-
i) Discharge Certificate shows that the claimant/injured was
admitted at M.R. Bangur Hospital, Kolkata from 18.01.2004
to 21.02.2004.
ii) Medical paper at page 38 of the M.R.B., hospital shows that
the claimant suffered "..........Fracture of Shaft Femur lower
1/3rd............."
iii) The 'X-ray' report at page 42 shows :-
"..................Fracture at shaft of right femur with 1m
nail inside, Minimal displacement, irregular calus on
medial side, no evidence of healing on Lateral side
screw at medial condial of right femur are seen
fracture at lower pole of patila of right knee joint with
progressive healing in proper alignment is
seen.........."
iv) Though Dr. P.K. Mondal (P.W.1) has proved his certificate
showing that the injured claimant suffered 45% disability, the
same is not in accordance with law and this cannot be
considered. (Raj Kumar Vs Ajay Kumar and Anr., (2011) 1
SCC 343 and Bajaj Allianz General Insurance Company
Private Ltd. Vs Union of India and Ors., Writ Petitions
Civil Nos. 534/ 2020)
v) There being no documents in support of his income in the year
2004, his income is taken as Rs 3000/-p.m.
vi) Thus the 'Just Compensation' in this case would be :-
i) Loss of earning for two months @ Rs. 6,000/-
Rs.3000/-
ii) Medical Expense considering the Rs. 10,000/-
nature of injuries
iii) Pain and sufferings Rs. 10,000/-
vi) Non pecuniary damage Rs 4,000/-
Total Rs. 30,000/-
9. Admittedly, the Claimant has received the amount of compensation of
Rs. 15,000/- together with interest in terms of order of the learned
Tribunal. Accordingly, the Claimant is now entitled to the balance
amount of compensation of Rs. 15, 000/- together with interest at
the rate of 6% per annum from the date of filing of the claim
application till deposit.
10. Taking into consideration, the amount already received by the
Claimant/Appellant, the Respondent No.1/Insurance Company shall
deposit the balance amount, along with the interest, with the learned
Registrar General, High Court, Calcutta, within a period of six weeks,
who shall release the amount in favour of the claimant, upon
satisfaction of his identity and payment of ad-valorem Court fees, if not
already paid.
11. Requisites for service upon the respondents was filed by the
Appellant's in the year 2011, thus claimant is entitled to interest from
filing till deposit.
12. The appeal being FMA 1068 of 2010/ FMAT 1700 of 2009 stands
disposed of. The impugned judgment and award of the learned
Tribunal under appeal is modified to the above extent.
13. All connected applications, if any, stand disposed of.
14. There will be no order as to costs.
15. Interim order, if any, stands vacated.
16. Copy of this Judgment be sent to the Learned Tribunal, along with the
trial court records, if received.
17. Urgent certified website copy of this judgment, if applied for, be
supplied expeditiously after complying with all, necessary legal
formalities.
(Shampa Dutt (Paul), J.)
