Debika Maitra vs New India Assurance Company Ltd. & Anr

The appellant has filed the appeal assailing the judgement and award dated 19th May, 2017 passed by the Learned Judge, Motor Accident Claims Tribunal-cum-Additional District Judge, Fast Track Court-I, Raiganj, Uttar Dinajpur in MAC Case No. 06 of 2016.

It is submitted by Mr. Saidur Rahaman, learned advocate for the appellant that the accident took place on 19th July, 2015 and the victim died on 8th September, 2015. The learned Judge erred in law by assessing the monthly income of the deceased of Rs. 3,000/-. Though the claimant asserted that the victim had an income of Rs. 6,000/-, the Tribunal took the income of the victim as Rs. 3000/- per month. Mr. Rahaman further submits that even an unskilled worker was able to earn Rs.4000/- per month in the year 2012. It is also submitted that as per the general guideline as adopted by this Hon'ble Court the unskilled worker died in the year 2010 his income should be considered as Rs. 3,000/- per month. If the death took place in the year 2012-2014 then the monthly income of the victim should be treated as Rs. 4,000/- and if the death occurred in the year 2015 then the monthly income of the victim shall be considered as Rs. 5,000/-. Mr. Rahaman submits that the victim died on 8th September, 2015. Therefore, as per the existing norms the monthly income of the deceased should be Rs. 5,000/- instead of Rs. 3,000/-. Unfortunately, in the present case the income of the victim has been considered by the Tribunal as Rs. 3,000/-.It is also submitted by Mr. Rahaman that if we accept the standard practice of this Hon'ble Court then the monthly income of the deceased should be Rs. 5000/- instead of Rs. 3000/-. Mr. Rahaman also submits that no future prospect was granted by the Tribunal. It should be 40%. In respect of personal living expenses, the Tribunal deducted 50%. In respect of general damages, the Tribunal granted only Rs. 5,000/-. It should be 30,000/-. It is also pointed out by Mr. Rahaman that considering the age of the deceased it has been wrongly applied the multiplier 18. It should be

It is submitted by Mr. Rahaman that the learned Tribunal granted interest in default clause. As per the usual practice of this Hon'ble Court the interest should be @ 8% per annum from the date of the filing of the claim petition till the date of realisation.

Considering the submissions as advanced by the learned advocates for the parties and after perusing the record, in our opinion, the monthly income of the victim should be taken as Rs. 5,000/- and the deceased was 29 years old at the time of accident, so the multiplier is required to be adopted 17 along with 40% future prospect. After annualising the income, adding 40% on account of future prospects and after deducting 1 /2 on account of personal and living expenses, the figure comes to Rs.42,000/- on which the multiplier of 17 will apply. The net compensation payable works out to be Rs. 7,14,000/-. A further Rs. 30,000/- has to be awarded on account of general damages, taking the gross compensation to Rs. 7,44,000/- together with interest thereon at the rate of 8% per annum from the date of filing of the claim petition till the date of realization of the payment.

The award of the learned Tribunal modified to that extent above.

The claimant acknowledges having received the awarded amount along with interest.

The Insurance Company should ascertain what amount has been paid and calculate the balance amount due in terms of this order, correct upto 24th January, 2020 and make over the same to the claimant by 7th February, 2020. The amounts due to the claimant will be deposited directly into her bank account. For such purpose, the learned advocate for the claimant will furnish the detail of the bank account of the claimant to advocate for the Insurance Company by 17th January, 2020.

Accordingly, the appeal is disposed of.

Since the appeal is disposed of, therefore, the application being CAN 11033 of 2017 for early disposal is also disposed of.

However, there will be no order as to costs. Urgent photostat certified copy of this order, if applied for, be furnished on priority basis.