Calcutta High Court (Appellete Side)
Mamoni Ghosh & Ors vs The Oriental Insurance Co. Ltd. & Anr on 24 September, 2024
In The High Court At Calcutta
Civil Appellate Jurisdiction
Appellate Side
Present:-
The Hon'ble Justice Ananya Bandyopadhyay
FMA No.1246 of 2022
Mamoni Ghosh & Ors.
v.
The Oriental Insurance Co. Ltd. & Anr.
Mr. Amit Ranjan Roy
... for the appellants/claimants.
Mr. Rajesh Singh
... for the respondent no.1/insurance company.
Heard on: 24th September, 2024.
Judgment on: 24th September, 2024.
Ananya Bandyopadhyay, J:-
The learned advocates for the appellants as well as respondent Nos. 1 are
present.
The instant appeal has been preferred by the appellants/claimants being
aggrieved against the Judgment and award dated 8th June, 2022 passed by the
learned Judge, Motor Accident Claim Fast Track 1st Court, Purba Bardhman in
M.A.C. Case No.77 of 2017.
The learned advocate for the appellants/claimants submitted that the
learned Tribunal has erred in granting the compensation considering the
monthly income of the victim to be Rs.4000/-being a driver of a vehicle namely
"Toto"
The learned advocate for the respondent Nos.1/ insurance company
opposed the contention of the learned advocate for the appellants/claimants
stating the income of the victim claimed to have been Rs.12,000/- per month
was not proved through documentary evidence, moreover, the
appellants/claimants failed to prove the same through corroborative oral
evidence.
The victim was employed as a driver of 'Toto' as aforesaid earning a sum of
money as claimed per month.
The occurrence of the accident, involving the offending vehicle has been
proved. The driving licence, route permit, insurance police etc. have not been
disputed.
Since the ancillary issues apart from the monthly income of the victim
have not been disputed, this Court restricts itself only to the extent of
considering the monthly income of the victim. In spite of suggestions in the
cross-examination by the respondent Nos.1/ Insurance Company, the same did
not cite contrary evidence to controvert the claim. Considering the fiscal index, it
would not be improbable for any person to have been a driver of a "Toto" earning
Rs.6000/- per month.
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. 6,30,000/- is modified as
follows:
1 2017(4)TAC 673(S.C)
(2009) 6 SC 121
Monthly Income Rs. 6000/-
Rs. 1,500/-
Future Prospect to be added( 25%) ------------------
Rs. 7,500/-
Annual Income
x 12
Rs. 90,000/-
Less 1/3rd Personal Expenses
- 30,000/-
______________
Rs. 60,000/-
Multiplier to be "14" X 14
Rs. 8,40,000/-
General Damages Rs. 77,000/-
Rs. 9,17,000/-
Less Award Rs. 6,30,000/-
Rs. 2,87,000/-
Entitlement
The learned advocate for the appellants/claimants submitted the
appellants/claimants have withdrawn a sum of Rs.6,30,000/-. The
appellants/claimants are entitled to a sum of Rs.2,87,000/- along with 6%
interest per annum to be paid from the date of filing of the application under
Section 166 of the Motor Vehicles Act till the date of its realization.
The learned advocate for the respondent No.1/insurance company is to
deposit the balance sum of Rs. 2,87,000/- along with 6 % per cent interest per
annum from the date of filing of the claim application 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
said cheque and thereafter disburse the same to the present
appellants/claimants in equal proportion as mentioned in the award passed by
the learned learned Judge, Motor Accident Claim Fast Track 1st Court, Alipore
Bardhman in M.A.C. Case No.77 of 2017 on proof of proper identification of the
appellants/claimants subject to payment of ad valorem Court's fees.
The instant appeal is disposed of accordingly.
Copy of the order be sent to the Department as well as concerned tribunal
for information.
C.m/S.R.
(Ananya Bandyopadhyay, J.)
