Basanti Barmani Alias Beshi Barmani v. Shambhu Barman
2009-08-25
PRANAB KUMAR CHATTOPADHYAY, TAPAN MUKHERJEE
body2009
DigiLaw.ai
Judgment :- (1) This appeal is directed against the award dated 27th April, 2001 passed by the learned Judge of the Motor Accident Claim Tribunal, Uttar Dinajpur at Raiganj in M.A.C. Case No. 198/1998. (2) The appellant herein has challenged the finding of the learned Tribunal in respect of annual income of the victim. The learned Tribunal assessing the compensation adopting the notional income as mentioned in para 6 of the second schedule, that is, to say Rs. 15,000/- per annum. The aforesaid notional income for compensation is applicable only to those who had no income prior to accident. (3) The learned Counsel of the appellant referring to the evidence on record submits that in the present case it has not been established that the victim has no income prior to accident. The evidence adduced by P.W. 1 and 2 clearly suggest that the deceased had no income prior to his accidental death. (4) It is true that the monthly income of the deceased victim at the rate of Rs. 3,000/-could not be proved, but at the same time as we have already said that the said victim had no income prior to accident had not been established. (5) In the aforesaid circumstances, a reasonable view has to be taken in the matter. (6) Therefore, we are of the opinion that the ends of justice will be sufficiently met if the monthly income of the deceased is fixed at Rs. 2,100/-. Therefore, the annual income of the victim will come to Rs. 2,100 x 12 = Rs. 25,200/-per annum and after deducting 1/3rd of the aforesaid total income of the deceased towards his family should be assessed at Rs. 16,800/-. (7) The learned Judge of the Tribunal, in our opinion, has adopted the correct multiplier. So, the annual compensation amount after applying the multiplier would be Rs. 16,800 x 17 = 2,85,600/-. The appellant is also entitled to Rs. 4,500/-towards funeral expenses, loss of estate and Rs. 5,000/- towards loss of consortium which have already been allowed by the learned Tribunal. Thus, the total amount of compensation payable to the claimant comes to Rs.2,85,600 + 4,500 + 5,000 = Rs. 2,95,100/-. (8) The learned Tribunal has rightly awarded cost of Rs. 1,500/- in favour of the appellant. (9) The Insurance Company has admittedly paid a sum of Rs.
Thus, the total amount of compensation payable to the claimant comes to Rs.2,85,600 + 4,500 + 5,000 = Rs. 2,95,100/-. (8) The learned Tribunal has rightly awarded cost of Rs. 1,500/- in favour of the appellant. (9) The Insurance Company has admittedly paid a sum of Rs. 1,81,000/-to the appellant in terms of the award under appeal which includes the cost of Rs. 1,500/-. The Insurance Company has paid Rs. 1,79,500/-towards compensation. Therefore, after adjusting of the aforesaid amount, the appellant is entitled to get Rs. 2,95,100 -1,79,500 = 1,15,600/-. (10) The learned Judge of the Tribunal, however, did not grant any interest on the awarded amount. No reason has been furnished for not granting such interest. It is not the case of the Insurance Company that the claimant was responsible for the delay in disposal of the claim case. (11) Therefore, in view of clear provision of Section 171 of the M.V. Act, 1988, the said Tribunal in the facts of the present case should have granted interest from the date of filing of the claim application till the realization of the same. (12) In the aforesaid circumstances, we hold that the appellant is entitled to receive simple interest @ 8% per annum on the awarded amount from the date of filing of the claim application till the date of realization of the same. (13) In view of our aforesaid findings, this appeal is allowed in part and the award passed by the learned Judge of the Tribunal stands modified to the extent indicated hereinabove. (14) The opposite party, the Oriental Insurance Co. Ltd. is directed to pay the aforesaid balance amount of Rs. 1,15,600/-to the appellant/petitioner through the Tribunal within a month together with simple interest @ 8% per annum on the total awarded amount of compensation of Rs. 2,95,100/- from the date of filing of the claim application till the date of realization. (15) Since the Insurance Company has already paid a sum of Rs. 1,79,500/-towards compensation, the aforesaid interest @ 8% should be calculated in respect of the aforesaid amount from the date of filing of the claim application till the date of deposit and in respect of the balance amount of Rs. 1,15,600/-the interest should be calculated from the date of filing of the claim application till the date of realization.
1,79,500/-towards compensation, the aforesaid interest @ 8% should be calculated in respect of the aforesaid amount from the date of filing of the claim application till the date of deposit and in respect of the balance amount of Rs. 1,15,600/-the interest should be calculated from the date of filing of the claim application till the date of realization. (16) The appellant is also directed to deposit the deficit Court fees on the balance amount before receiving the said balance amount in terms of this order. (17) In the facts of the present case, there will be, however, no order as to costs.