Calcutta High Court (Appellete Side)
Shriram General Insurance Company ... vs Rubi Sarkar & Ors on 19 September, 2024
In The High Court At Calcutta
Civil Appellate Jurisdiction
Appellate Side
Present:-
The Hon'ble Justice Ananya Bandyopadhyay
FMA No.1823 of 2018
Shriram General Insurance Company Limited
vs.
Rubi Sarkar & Ors.
Mr. Rajesh Singh ... for the appellants/Insurance company
Mr. Subir Banerjee ... for the respondents/claimants.
Heard on: September 19, 2024.
Judgment on: September 19, 2024.
Ananya Bandyopadhyay, J:- The Learned Advocates for the
appellant/insurance company as well as respondents/claimants are present.
The instant appeal has been filed by the appellant/insurance company agitating
the impugned award dated 16.09.2017 passed by the learned Additional District &
Sessions Judge, FTC-1 Alipurduar in MACC Case No.5 of 2014.
The Learned Advocate for the appellant/insurance company submitted that the
accident occurred in the year 2013. The learned tribunal erred in considering the future
prospect to be 50% instead of 40% and sum of Rs. 2,75,000/- was awarded towards
general damages instead of cumulative of Rs. 70,000/- towards the general damages.
The Learned Advocate for the appellant/insurance company disputed the monthly
income of the deceased victim to be Rs. 5200/- as considered by the learned tribunal.
According to the Learned Advocate for the appellant/insurance company, in the year
2013 in absence of any documentary evidence the victim working as a khalashi (helper
of a driver in the offending vehicle) could not have been earned Rs. 5200/- per month.
2
The application under Section 166 of the Motor Vehicles Act was filed by the
respondents/claimants claiming compensation for the death of the victim in an
accident which occurred on 24.11.2013 at about 2.15 p.m. at Falakata road near brick
field of Paropar area with the involvement of the offending bus which approached in a
rash and negligent manner and resulting in the death of the victim who was employed
as a 'Khalashi' in the said offending vehicle.
The learned tribunal disposed of the issues framed upon appreciation of evidence
and granted compensation challenged herein.
The occurrence of the accident, involvement of the offending vehicle, the driving
licence, route permit and other ancillary issues were not disputed by the Learned
Advocate for the appellant/insurance company.
The monthly income of the victim could not have been proved through any
documentary evidence as he worked as a 'khalashi' (helper of a driver in the offending
vehicle). However, it will not be improbable for the victim as 'khalasi' to earn 4800/- per
month considering the fiscal index on the date of accident.
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. 12,73,400/- is modified as follows:-
Monthly Income Rs. 4,800/-
Annual Income X 12
------------------
Rs. 57600/-
Add Future Prospects (40%) + 23040/-
-------------------
Rs. 80640/-
1 2017(4)TAC 673(S.C)
(2009) 6 SC 121
Less: 1/3rd for Personal Expenses
Rs. 26,880/-
-------------------
Rs. 53,760/-
_______________
Rs. 7,56,000/-
Rs. 77,000/-
-------------------
Rs.8,60,160,/-
Add: General Damages (10%)
Rs. 84,000/-
-------------------
Rs. 9,44,160/-
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 interest of 6 % per annum from the date of filing of the
claim application i.e. 17,72,643/- as per the challan filed by the learned
advocate for the Appellant/Insurance company. The Respondents/claimants
have received the compensation amount of Rs. 12,73,400/-.
The office of the learned Registrar General, High Court, Calcutta shall encash
the cheque stipulating the entire calculated amount as aforesaid and thereafter
disburse the same to the present claimants/respondent Nos.1 and 2 in the
proportion as mentioned in the impugned judgment dated 16.09.2017 passed by
the learned Additional District & Sessions Judge, FTC-1 Alipurduar in MACC
Case No.5 of 2014 on proof of proper identification of the claimants /respondent
Nos.1 and 2 subject to payment of ad valorem Court fees and refund the balance
amount if any through a cheque to the Learned Advocate for the
Appellant/Insurance Company for the accounts of the insurance company.
The interest accrued on the sum of money deposited by the
Appellant/Insurance company at the office of the Learned Registrar General,
High Court at Calcutta which was further deposited in the Nationalized Bank by
the office of the Learned Registrar General, High Court at Calcutta is to be
apportioned and the sum of interest accrued on Rs. 9,44,160/-is to be disbursed
in favour of the claimants/respondent Nos.1 and 2 and the balance sum of
interest to be refunded to the Insurance Company through distinct account
payee cheques.
The instant appeal being FMA 1823 of 2018 is disposed of.
Copy of the order be sent to the Department as well as the concerned
tribunal as expeditiously as possible.
c.m. (Ananya Bandyopadhyay, J.)
