New India Assurance Company Limited vs Rajema Bibi & Ors

Ananya Bandyopadhyay, J

Both the Learned Advocates representing the appellant/Insurance Company and the respondent No.1 to 5/claimants are present.

The instant appeal had been filed against the judgment and award dated 21st May, 2024 passed by the Learned Judge, Motor Accident Claims Tribunal cum Additional District and Sessions Judge, Fast Track, 1st Court, Purba Bardaman in M.A.C. Case No. 7 of 2015.

The learned Advocate representing the appellant/Insurance Company submitted that the Learned Tribunal had erroneously prepared the chart of calculation with certain calculation errors as appeared in Page 7 and seeks direction of this Court to rectifying the same. It was further submitted that with regard to the age of the victim to have been 24 years the learned Tribunal consider the multiplier to be 17 instead of 18.

The Learned Advocate representing the respondent No.1 to 5/claimants submitted to have filed a cross objection being COT 163 of 2024 praying for enhancement in the monthly income of the victim which was claimed to be Rs. 12,000/- per month by the wife of the victim adducing evidence before the Court as P.W.1. However, the Learned Tribunal disregarding the same as considered the monthly income to be Rs. 4000/-.

Since the occurrence of the accident, insurance policy, the driving licence, route permit etc and other ancillary issues are not disputed by the learned advocate representing the appellant/insurance company, this Court restricts itself only to the extent of rectifying the calculation as appeared in page 7 of the impugned judgment and order which is replicated as follows:

Head of addition/deduction

Amount in Rs.

Annual Income

Rs.     48,000/-

Less Personal Expenses(1/4th)

(-)      12,000/-

Future Prospect (40%)

(+)    28,800

Multiplicand

Multiplier (age being 22+ years)

Rs.     64,800/-

Add Funeral Expenses Add Loss of Estate

Add Loss of consortium Total claim

X   17

Rs. 11,01,600/- Rs.     15,000/-

Rs.     15,000/-

Rs.      40,000/-

Rs. 11,71,600/-

The multiplier with regard to the age of the victim to be 24 years at the time relevant time of death should be considered as 18. This Court is not convinced with the submission of the learned advocate representing the respondent Nos. 1 to 5/claimants to enhance the monthly income of the victim in absence of oral and documentary evidence, this Court is not inclined to interfere with the amount of Rs. 4000/- per month as monthly income of the victim as passed by the learned Tribunal. Therefore, the calculation needs to be modified in the following manner.

Head of addition/deduction

Amount in Rs.

Annual Income

Rs.     48,000/-

Less Personal Expenses(1/4th)

(-)      12,000/-

Future Prospect (40%)

Rs.   36,000/-

(+)    14,400/-

Multiplier (age being 24+ years)

Rs.     50,400/-

X                   18

General damages

Rs. 9,07,200/-

Rs.    84,000/-

Rs. 9,91,200/-

The learned Advocate representing the appellant/Insurance Company submits to have deposited a sum of 18,55,300/-=(Rs. 25,000+18,30,300) along with an interest of 6 % per annum from the date of filing of the claim application as per the challan filed by the Learned advocate for the Appellant/Insurance company.

The Respondent Nos. 1 to 5/claimants are entitled to receive the amount of Rs. 9,91,200/- 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 office of the learned Registrar General High Court at Calcutta, shall encash the cheques and thereafter disburse the entire awarded amount so deposited along with accrued interest to the present respondent Nos. 1 to 5/claimants as mentioned Learned Judge, Motor Accident Claims Tribunal cum Additional District and Sessions Judge, Fast Track, 1st Court, Purba Bardaman in M.A.C. Case No. 7 of 2015 on proof of proper identification of the respondent No.1 to 5 /claimant 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 generated on the sum of money deposited by the appellant/insurance company at the office of the Learned Registrar General, High Court at Calcutta which has already been 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 the aforesaid amount is to be disbursed in favour of the appellant/insurance company for the accounts of the insurance company.

The instant appeal is disposed of accordingly.

The interim order if any stand vacated.

Copy of the order be sent to the Department as well as the concerned tribunal as expeditiously as possible.