Calcutta High Court (Appellete Side)
National Insurance Co. Ltd vs Nilima Sengupta & Ors on 20 September, 2024
In The High Court At Calcutta
Civil Appellate Jurisdiction
Appellate Side
Present:-
The Hon'ble Justice Ananya Bandyopadhyay
FMA 656 of 2024
With
COT 47 of 2023
National Insurance Co. Ltd.
v.
Nilima Sengupta & Ors.
Mr. Rajesh Singh
... for the appellant/insurance company.
Mr. Sanat Kumar Mullick ... for the respondents/claimants.
Heard on: September 20, 2024.
Judgment on: September 20, 2024.
Ananya Bandyopadhyay, J:- The learned advocates for the
appellant/insurance company and the respondents/claimants are present.
The instant appeal has been filed by the appellant/insurance company
agitating the impugned award dated 23rd August, 2017 passed by the learned
Judge, City Civil Court, IInd Bench, Calcutta in disposing of the MAC Case
No.117 of 2016.
The learned advocate for the appellant/insurance company as well as the
respondents submits that the issue to be determined in the instant appeal is
restricted to the extent of the general damages to have been granted as
Rs.10,000/- instead of Rs.70,000/- along with an increase of 20% considering
the lapse of years as mentioned in the decision of the Hon'ble Apex Court in
National insurance company Ltd. Vs. Pranay Shetty & Anr1.
The occurrence of the accident, the driving licence, route permit and other
ancillary issues have not been disputed by the learned advocate for the
appellant/insurance company.
The learned advocate for the appellant/insurance company submitted that
the learned Tribunal had granted the option to exercise "pay and recover" the
same from the owner of the offending vehicle. The benefit of compensation as
accorded to the victim is also under challenge. This Court restricts its decision
only to the extent of grant of general damages that is (Rs.40,000 + 15,000 +
15,000) = 70,000/- along with increment of 10% every three years i.e. 20% as of
date. The claimants/respondents are entitled to a sum of Rs.84,000/- in
respect of the general damages in view of the decision as cited above.
Considering the observations of the Hon'ble Apex Court Pranay in National
insurance company Ltd. Vs. Pranay Shetty & Anr2 and Sarala Verma & Ors. Vs. Delhi
Transport Corporation & Anr.3
The impugned award of Rs. 9,06,080/- is modified as follows:
Monthly Income Rs. 22,526/-
Less: Personal expenses 1/3rd Rs. 7,508/-
Rs. 15,018/-
Rs. 15,018/-
Annual Income x 12
1 2017(4)TAC 673(S.C)
1 2017(4)TAC 673(S.C)
(2009) 6 SC 121
Rs. 1,80,216/-
Multiplier to be "5" ______________
Rs. 9,01,080/-
Add: General Damages 20% Rs. 84,000/-
(70,000+14000) Rs. 9,85,000/-
The learned advocate for the appellant/insurance company submits
to have deposited a sum of Rs.25,000/- at the office of the Registrar
General High Court at Calcutta. The learned advocate for the
appellant/insurance company will be at liberty to withdraw the aforesaid
sum of Rs.25,000/- deposited as statutory amount with accrued interest.
The respondents/claimants are entitled to receive the balance
amount of Rs. 9,85,000/- 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 appellant/insurance Company is to deposit the balance amount
of Rs. 9,85,000/- 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 three weeks after vacation 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 respondents/claimants as
mentioned in the impugned award dated 23th August, 2017 passed by the
learned Judge, City Civil Court, 2nd Bench, Calcutta, in MACC Case
No.117 of 2016 on proof of proper identification of the
respondents/claimants subject to payment of ad valorem Court fees.
The instant appeal and COT 47 of 2023 application are disposed of
accordingly.
The lower court records be sent down to the concerned tribunal
forthwith.
Copy of the order be sent to the Department as well as the concerned
tribunal as expeditiously as possible.
c.m./S.R (Ananya Bandyopadhyay, J.)
