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2008 DIGILAW 105 (CAL)

Rahat Ali v. Tapan Kumar Sen

2008-01-24

BHASKAR BHATTACHARYA, RUDRENDRA NATH BANERJEE

body2008
Judgment Bhaskar Bhattacharya, J. This appeal is at the instance of a claimants and is directed against the order dated 23rd December, 1992 passed by the Motor Accident Claims Tribunal, 6th Court, Alipore, District 24-Parganas (South) in M.A.C. Case No.409 of 1989 thereby allowing an application under Section 110(A) of the Motor Vehicles Act by giving compensation of Rs.32,400/- as the total loss sustained by the family of the deceased. The Tribunal below further granted interest at the rate of 15 percent per annum provided there is default in payment of the amount within a specified date. Being dissatisfied, the claimant has come up with the present appeal. There is no dispute that the appellants before us are the parents and the brothers and sisters of the victim who died of an accident at the age of 19 years. He was in a bus, which was hit by a lorry at the rare portion, and consequently, he died. The father of the victim deposed as PW-1 and asserted that the victim was a cleaner of the selfsame bus at a daily wages at the rate of Rs.20/- per day. It appears that both the lorry and the bus were insured with the Insurance Company/respondent. The learned Tribunal below, however, proceeded as if the monthly income of the deceased was Rs.450/- and hence, one third of such amount, according to the Tribunal, should go towards his personal expenses. Consequently, the Tribunal was of the view that the loss suffered by the family was Rs.300/- a month or Rs.3,600/- a year. The Tribunal further found that “nine more years of expectancy of life would serve the ends of justice” and thus, awarded the amount of Rs.32,400/- as the total loss sustained by the family of the deceased. The Tribunal further held that the interest at the rate of 15 percent per annum should be given only in case the Insurance Company failed to pay the amount within 15th February, 1993. Being dissatisfied, the claimants have come up with the present appeal. After hearing the learned counsel for the parties and after going through the materials on record we find that the victim was just nineteen years of age at the time of death and his father was aged forty years at the time of deposition taken 4 years after the date of accident. After hearing the learned counsel for the parties and after going through the materials on record we find that the victim was just nineteen years of age at the time of death and his father was aged forty years at the time of deposition taken 4 years after the date of accident. It is now settled law that in case of unmarried victim, for calculating the amount of compensation, the life expectancy of the victim or the beneficiary whichever is shorter is a relevant factor (See: C.K. Subramonia Iyer and others vs. T. Kunhikuttan Nair and others reported in A.I.R. 1970 SC 376). Since, the father of the appellant was around 40 years, in our view, multiple of 16 should be applicable and there was no just ground for assessing the amount on the basis of “9 years expectancy of life” in such a case. We are also unable to accept the view of the Tribunal that the monthly income of the victim should be treated to be Rs.450/- a month when the father specifically asserted that the income was Rs.20/- a day, which comes to Rs.600/- a month. The victim was a cleaner of the selfsame bus, which was involved in the accident, and its owner has been made party. The said owner did not file written statement denying the allegation of the claimant nor did he depose to controvert the claim of the appellants. No other evidence was adduced on behalf of the Insurance Company showing that the income of the victim was less than Rs.600/- a month. Therefore, if one third of Rs.600/- is excluded by treating such amount to be personal expenses, it comes to Rs.400/- a month or Rs.4,800/- a year and by applying the multiple of 16, the amount comes to Rs.76,800/-. In addition to that, in our view, the claimants are also entitled to get a further sum of Rs.4,500/- as funeral expenses and loss of estate as provided under the Act and the amount comes to Rs.81,300/-. A sum of Rs.15,000/- having already been paid, the Insurance Company is directed to pay the balance amount of Rs.66,300/- within one month from today if not already paid. A sum of Rs.15,000/- having already been paid, the Insurance Company is directed to pay the balance amount of Rs.66,300/- within one month from today if not already paid. In this type of a case where accident occurred long back on 31st January, 1989, in our view, interest should be payable at the rate of 12 percent per annum up to 31st December, 1999 on the said amount, being the then usual rate of bank interest and at the rate of 8 percent per annum from 1st January, 2000 till actual payment on the enhanced amount including the balance unpaid amount on the award passed by the Tribunal and we accordingly direct the Insurance Company to pay the balance unpaid amount as well as the enhanced amount mentioned above with interest at the aforesaid rates indicated above. The appeal, accordingly, is, allowed to the extent indicated above. The award passed by the Tribunal is modified. No costs.