National Insurance Company Limited & Others vs Putul Dey & Anr

Biswaroop Chowdhury, J

The Appellant before this Court was an opposite party in a claim under Section 166 of the Motor Vehicles Act 1988 and is aggrieved by the Judgment and Award dated 20th day of December 2023 passed by Learned Additional District Judge Fast Track 2nd Court Paschim Medinipur in MAC Case No-139 of 2018. The case of the claimant/opposite party no-1 may be summed up thus:

On 01-07-2017 at 10.45 am the victim Putul Dey was going from Garhbeta to Ghatal by bus being bus no-WB-33/8127 as a passanger of the said bus. When the said bus reached near Sundar Pukur village, Radhanagar P.S. Ghatal Dist-Paschim Medinipur the driver of the bus suddenly began to drive the same, in rash and negligent manner and as a result the bus turned over and consequently the victim sustained grievous injury on her head and body and her left hand was amputed after accident. She was initially admitted to the Ghatal S.D. Hospital on 01.07.2017 at about 11.45 am and doctor of the said hospital referred to Calcutta S.S K.M. Hospital. As a result she was disabled handicapped of 85%. Total medical expenses to the tune of Rs. 50,000/- only was incurred by the patient party. The said accident took place due to rash and negligent driving of the driver of the alleged bus namely Lalkamal.The victim at the relevant time of accident was of 27 years and of good health and attached to Ghatal S.D. Hospital as nursing staff. Due to amputation she lost her benefit of service and lost her future prospect and lost her beauty and her marriage prospect. She also got mental shock pain and agony and also suffered both economical and physical loss.

The claimant prayed for compensation of Rs. 15,00,000/- By Judgment and Award dated 20th December 2023 the Learned Trial Court disposed the claim case by directing as follows:'Hence it is ORDERED that the instant case filed u/s. 166 of Motor Vehicles Act 1994 is allowed on contest against the O.P.No-2/National Ins. Co. Ltd. and ex-parte against the O.P No-1/owner.

The petitioner/claimant Putul Dey do get an award of Rs. 18,88,371/-(Eighteen lakhs eighty eight thousand three hundred and seventy one only) in total.

The amount of compensation as awarded shall carry a simple interest @ 7% per annum from the date of filing of this claim application ie. 09.03.2018 till final realization of the entire amount. The OP No-2/Insurer, National Ins. Co. Ltd is directed to pay the awarded amount to the petitioner/claimant Putul Dey with interest within three months from the date of this order by issuing account payee cheque in favour of the claimant/victim Putul Dey and the same to be defrayed without deduction of any TDS, whatsoever over the interest amount or the awarded amount after deposit of deficit court fees by the claimant before the tribunal in default the petitioner shall be at liberty to put this award in execution in accordance with law.'

The Appellant Insurance Company being aggrieved by the Judgment and Award dated 20th day of December 2023 passed by the Learned Trial Judge has come up with the instant appeal.

The grounds on which the Judgment and Award of the Learned Trial Judge is assailed is that the claimant failed to prove that she was a passenger of the bus which met with an accident, secondly the compensation granted is excessive, and thirdly 7% interest ought not to have been awarded.

Heard Learned Advocate for the Appellant Insurance Company and Learned Advocate for the Respondent no-1/claimant. Perused the evidence adduced.

Learned Advocate for the Appellant submits that the claimant could not prove that she was passenger of the offending bus. Learned Advocate further submits that the compensation awarded by the Learned Trial Judge is excessive as the claimant/victim is still in service. Learned Advocate also submits that the interest of 7% ought not to have been awarded.

Learned Advocate for the respondent no-1/claimant submits that the compensation awarded is just and reasonable considering the disablement suffered. Learned Advocate further submits that medical expenses awarded is Rs. 25,000/- which ought to be more thus the compensation awarded should not be interfered with. Now with regard to the submission of Learned Advocate for the Appellant that the claimant/respondent no-1 could not prove that she was passenger of the offending vehicle which met with an accident it appears that the Learned Trial Judge upon considering the evidence of P.W. 1 the claimant victim and P.W. 2 the eye witness and the documents filed came to the conclusion that vehicle bearing no-WB-33/2127 (Bus) was involved in the accident due to rash and negligent driving and the claimant/respondent no-1 Putul De being passenger of the said bus. With regard to the submission that compensation awarded is excessive and the claimant was still continuing with her job, it appears that the Learned Trial Judge upon considering the decision of this Hon'ble Court in the case of Jitu Pramanik VS National Ins. Co.Ltd. and reported in 2020(1) TAC. 559(Cal) considered the percentage of disablement and the annual loss of income and loss of expectation of life medical expenses and pain and sufferings arrived at the findings of Total Compensation of Rs. 18,88,371/- which claimant/respondent no-1 is entitled. Thus the findings of the Learned Trial Judge is not perverse. However in the facts and circumstances of the case this Court is of the view that Rs. 18,00,000/-(Rupees Eighteen lakh) is just and reasonable compensation. Further the interest to be awarded should be 6% per annum from the date of filing of claim case till date of deposit.

Hence this Appeal stands disposed. The Judgment and Award dated 20th December 2023 passed by Learned Additional District Judge Fast Track 2nd Court Paschim Medinipur stands modified to the extent that the claimant/respondent no-1 is entitled to Rs. 18,00,000/-(Rupees Eighteen lakh only) along with interest @ 6% per annum from the date of filing of the claim case till deposit. The respondent no-1 Putul De is permitted to withdraw Rs. 18,00,000/- (Rupees Eighteen lakh) deposited by Appellant Insurance Company along with interest @ 6% per annum from date of filing of claim case being 09-03-2018 till date of deposit. The residuary amount be returned to the Appellant upon compliance of necessary formalities.

Urgent photostat certified copy of this order, if applied for, should be made available to the parties upon compliance with the requisite formalities.