Sukuntala Gupta v. New India Assurance Company Ltd.
2012-07-06
MRINAL KANTI CHAUDHURI, TAPAN KUMAR DUTT
body2012
DigiLaw.ai
JUDGMENT Tapan Kumar Dutt, J. 1. This Court has heard the learned Advocates for the respective parties. The facts of the case, briefly, are as follows: The victim in the present case was a school- going girl aged about 17 years when she suffered an accident on 16.8.2007. Owing to such accident, the victim succumbed to her injuries on 11.11.2007. The accident involved an offending bus, which knocked down the victim. The victim's mother i.e. the claimant, made an application claiming compensation. The learned Tribunal passed an award of Rs. 1,00,000/- with interest. The claimant has filed the present appeal in this Court challenging the impugned judgment/award dated 14.8.2008 passed by the learned First Motor Accident Claims Tribunal, Barasat. 2. The learned Advocate appearing on behalf of the appellant submitted that the learned Tribunal ought to have granted an award of Rs. 1,54,500/- plus interest. The said learned Advocate cited a decision reported at 2008 ACJ 1854 (Pato Mondal vs. New India Assurance Co. Ltd. & Anr.), wherein a learned Division Bench of this Court in the case of death of minor had granted an award of Rs. 1,54,500/- with interest. 3. The learned Advocate appearing on behalf of the respondent-Insurance Company opposed the submissions made by the learned Advocate for the appellant and submitted that the award passed by the learned Tribunal is fully justified. 4. Having heard the learned Advocates for the respective parties, this Court finds that there is no dispute with regard to the fact that the victim was a minor and the age of the claimant i.e. the mother of the victim was about 39 years when the accident took place. In the present case, the notional income of Rs. 15,000/- per annum may be applied and from such amount Rs. 5,000/- (1/3rd of Rs. 15,000/-) should deducted and thus Rs. 10,000/- should be multiplied by the multiplier 15. This comes to Rs. 1,50,000/-. Rs. 4,500/- may be awarded for funeral expenses and loss of estate. Thus, a total amount of Rs. 1,54,500/- should be awarded as compensation. 5. In such circumstances, the instant appeal is disposed of by setting aside the impugned judgment/award and by passing the following judgment and/or award. The appellant-claimant shall be entitled to a compensation of Rs.
1,50,000/-. Rs. 4,500/- may be awarded for funeral expenses and loss of estate. Thus, a total amount of Rs. 1,54,500/- should be awarded as compensation. 5. In such circumstances, the instant appeal is disposed of by setting aside the impugned judgment/award and by passing the following judgment and/or award. The appellant-claimant shall be entitled to a compensation of Rs. 1,54,500/- plus interest at the rate of 8% per annum on such compensation from the date of filing of the claim application (21.8.2007) till the date of deposit of the cheque for compensation before the learned Tribunal concerned by the respondent-Insurance Company. 6. It is made clear that in the event the claimant-appellant has already received any amount towards compensation and/or interest from the respondent-Insurance Company, then in that event such amount should be adjusted against the total amount payable by the respondent- Insurance Company to the claimant-appellant. The respondent-Insurance Company shall deposit the amount which ultimately may be found due and payable to the claimant-appellant within four weeks from this date before the learned Tribunal concerned. 7. The appeal is accordingly disposed of. 8. There will, however, be no order as to costs. Urgent certified xerox copy of this order, if applied for, shall be given to the parties as expeditiously as possible on compliance of all necessary formalities. Dr. Mrinal Kanti Chaudhuri, J. I agree. Disposed off