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2013 DIGILAW 923 (CAL)

Punam Ghosh v. Amar Nath Roy

2013-12-16

R.K.BAG, TAPAN KUMAR DUTT

body2013
JUDGMENT : Tapan Kumar Dutt, J. 1. When the application is called out for hearing, the learned Advocates for the respective parties submit that the appeal itself may be disposed of along with the application. 2. It appears that the minor child, Pranoy Ghosh, who was aged about five years at the time of accident, died owing to such accident and the parents of such minor child have filed the present application praying for compensation. The learned Court below awarded a compensation of Rs.50,000/- and granted interest at the rate of 6% per annum for the period commencing from the date of filing of the claim application till the realisation of the said amount. 3. The learned Advocate for the claimants-appellants submits that even though the respondent-Insurance Company has deposited the cheque in respect of the compensation amount along with interest, such cheque has not been withdrawn by the claimants-appellants. 4. The learned Advocate for the respondent-Insurance Company submits that there is no dispute with regard to the fact that such cheque was deposited by the respondent-Insurance Company but he is not very sure as to whether or not such cheque has been withdrawn by the claimants-appellants. 5. The learned Advocate for the appellants submits that the Tribunal concerned committed a mistake in not taking notional income of the minor child at Rs.15,000/- per annum and applied the multiplier of 15. 6. It appears on perusal of the impugned judgment/award that the learned Tribunal below has acted illegally in not considering the notional income of the deceased at Rs.15,000/- per annum and in not applying the multiplier of 15. If ?rd of the said amount is deducted towards the personal expenses of the said minor child, since deceased, then the annual income comes to Rs.10,000/- and if such figure is multiplied by 15, then amount comes to Rs.1,50,000/-. General damages may be considered at Rs.4,500/-. Thus, the total compensation comes to Rs.1,54,500/-. On such compensation amount, the respondent-Insurance Company is also liable to pay interest at the rate of 7% per annum in respect of the period commencing from the date of filing of the claim application till the date of deposit of the said amount. General damages may be considered at Rs.4,500/-. Thus, the total compensation comes to Rs.1,54,500/-. On such compensation amount, the respondent-Insurance Company is also liable to pay interest at the rate of 7% per annum in respect of the period commencing from the date of filing of the claim application till the date of deposit of the said amount. This Court proceeds on the basis that the cheque which had been deposited by the respondent-Insurance Company in terms of the impugned judgment/award has not been withdrawn by the claimants-appellants in view of the submissions made by the learned Advocates at the Bar. Accordingly, the respondent- Insurance Company shall calculate the interest amount at the rate of 7% per annum on the compensation amount of Rs.1,54,500/- in respect of the period commencing from the date of filing of the claim application till the date of the deposit of the same and issue two appropriate account payee cheques in favour of the two claimants-appellants in equal shares and deposit such account payee cheques in the office of the learned Court below within six weeks. Since the learned Advocate for the claimants-appellants submits that the cheque already deposited by the respondent-Insurance Company, as indicated above, is still lying in the office of the learned Tribunal below concerned, the respondent-Insurance Company shall take back such cheque from the office of the learned Tribunal below concerned and issue fresh cheques as indicated above. After such account payee cheques, as aforesaid, are deposited by the respondent-Insurance Company, the same shall be handed over to the claimants-appellants in accordance with law and upon proper identification. 7. It may be recorded here that as prayed for by the learned Advocate for the claimants appellants, service of notice of appeal upon the respondent no. 1 has been dispensed with at the risk of the appellants as the said learned Advocate submitted that the respondent no. 1 did not contest the proceedings in the learned Court below. Thus, the appeal has been treated to be ready as regards service. 8. The appeal is, thus, disposed of. 9. In view of the judgment passed above, the application being C.A.N. 7538 of 2013 also stands disposed of. 10. Urgent certified xerox copy of this judgment, if applied for, shall be given to the parties as expeditiously as possible on compliance of all necessary formalities. I agree.