Calcutta High Court (Appellete Side)
Ramchandra Maiti vs The National Insurance Co. Ltd & Ors on 18 September, 2024
In The High Court At Calcutta
Civil Appellate Jurisdiction
Appellate Side
Present:-
The Hon'ble Justice Ananya Bandyopadhyay
FMA 683 of 2023
Ramchandra Maiti
v.
The National Insurance Co. Ltd & Ors.
Mr. Amit Ranjan Ray
Mr. Pradyut Kumar Ray ...for the Appellant/claimant.
Mr. Debnarayan Ray ...for the Respondents No.1/Insurance company.
Heard on: September 18, 2024.
Judgment on: September 18, 2024.
Ananya Bandyopadhyay, J:- Both the learned Advocates for the
appellant/claimant and the respondents No.1/insurance company are present.
The instant appeal has been filed by the appellant/claimant agitating
against the impugned award dated 23rd February, 2016 passed by the Motor
Accident Claims Tribunal, Additional District & Sessions Judge, 3rd Court,
Tamluk, Purba Medinipur in MACC Case No.210 of 2014.
The learned advocate for the appellant/claimant submitted that the
learned Tribunal disregarded the avocation of the injured victim to have been
involved in the business of 'bakery' as per the document marked as Annexure-X
and X1 being the documents concerning registration and licence respectively
issued in favour of the victim regarding his enlistment in the Gram Panchayat,
Purba Medinipur permitting him to run the 'bakery business'.
2
The Learned Tribunal has disposed of the issues framed and on
appreciation of both oral and documentary evidence and considering the
notional income of the victim to be Rs. 3000/- per month assessed the
compensation amount vide judgment and award dated 23rd February, 2016
which is under challenge in the present appeal.
The occurrence of the accident, the driving licence, route permit and other
ancillary issues have not been opposed by the learned advocate for the
respondent Nos. 1/insurance company.
The victim sustained injury out of an accident, which occurred on
13.03.2013 at about 6.00 p.m. with the involvement of the offending vehicle
being a motorcycle bearing registration No.WB-30E/5610 which approached the
victim as he was standing on the Digha - Mechada Pitch Road and incidentally
hit by the offending vehicle sustained injury to the extent of 45% as determined
by the document marked as Exhibit-7 issued by the Holdia Sub-divisional
Hospital, Basudebpur, Purba Medinipur. The learned Tribunal erred in not
considering the "future prospect" to be granted to the injured victim. However,
the medical expense incurred by the victim was reimbursed.
Considering the avocation of the victim to be in a 'bakery business' in the
rural background, monthly income of Rs.5,000/- cannot be improbalized.
The multiplier with regard to the age of the victim is to be considered as
14 instead of 15 computing the observation of the Hon'ble Apex Court in Sarala
Verma & Ors. Vs. Delhi Transport Corporation & Anr.
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 & Anr.2, the impugned award of Rs. 5,50,000/- is modified as
follows:
Monthly Income Rs. 5000/-
X 12
Annual Income ------------------
Rs. 60,000/-
Disability (45%) (60,000 x 45%)
Rs. 27,000/-
Future Prospect to be added( 25%) Rs. 6750/-
Rs. 33750/-
X 14
Multiplier to be "14" ______________
Rs. 4,72,500/-
Medical Expenses Rs. 207000/-
-----------------
Add: pain & injury Rs. 6,79,500/-
Rs. 1,00,000/-
Rs. 7,79,500/-
Less awarded amount Rs. 5,50,000/-
_______________
Rs. 2,29,500/-
It was further submitted by the learned advocate for the
appellant/claimant that the appellant/claimant has received a sum of Rs.
5,50,000/. The appellant/claimant is entitled to receive the balance
amount of Rs. 2,29,500/- at the rate of 6% per cent per annum from the
1 2017(4)TAC 673(S.C)
(2009) 6 SC 121
date of filing of the claim application (06.05.2013) till the date of actual
realization.
The respondent Nos. 1/insurance Company is to deposit the
balance amount of Rs. 2,29,500/- along with interest at the rate of 6 %
per cent per annum before the office of 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 cheque stipulating the entire calculated amount as aforesaid
and thereafter disburse the same to the present appellant/claimant as
mentioned in the impugned award dated 23rd February, 2016 passed by
the Motor Accident Claims Tribunal, Additional District & Sessions Judge,
3rd Court, Tamluk, Purba Medinipur in MACC Case No.210 of 2014 on
proof of proper identification of the appellant/claimant subject to payment
of ad valorem Court fees.
The instant appeal is disposed of accordingly.
Copy of the order be sent to the Department as well as the concerned
tribunal as expeditiously as possible.
(Ananya Bandyopadhyay, J.)
S.R./c.m.
