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2016 DIGILAW 135 (CAL)

Bhayarani Mukherjee v. Oriental Insurance Co. Ltd.

2016-02-04

INDIRA BANERJEE, SAHIDULLAH MUNSHI

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JUDGMENT : Indira Banerjee, J. There is a delay of about 97 days in filing the appeal. The delay is condoned as we are of the view that there was sufficient cause for the delay. 2. The appeal is proceeded with. 3. The application being CAN 2093 of 2012 is disposed of. 4. As the appeal involves the question of law of whether compensation in a death case should be computed, taking into account the age of the deceased at the time of the accident and the multiplier applicable to such age or the remaining years of active service, the appeal itself is taken up for hearing by consent of the parties. 5. The appellants are the wife and two sons of late Diren Mukherjee, who was killed in a motor accident. 6. The appellants filed an application for compensation under Section 166 of the Motor Vehicles Act, 1988 in the Motor Accident Claims Tribunal, Birbhum claiming compensation of Rs. 10,00,000/-. The said claim case being MACC No. 158 of 2009, culminated in an award dated 4th August, 2011 passed by the Additional District Judge, 4th Court, Suri/Motor Accident Claims Tribunal. 7. The learned Tribunal awarded compensation of Rs. 6,97,348/-. This amount has been paid to the appellants by the respondent insurer. 8. The claimants have appealed against the award on the ground of insufficiency of the compensation awarded. Ms. Sima Ghosh, learned Counsel, appearing for the appellants, argued that the learned Tribunal patently erred in law in applying the multiplier "7", taking into account the remaining years of service, when the applicable multiplier should have been "11", having regard to the multiplier applicable to the age group to which the victim belonged at the time of his death, having regard to the multipliers specified in the Second Schedule to the Motor Vehicles Act, 1988, as rectified by the Supreme Court by its judgment in Sarla Verma v. Delhi Road Transport Corporation, reported in (2009) 6 Supreme Court Cases 121. 9. It is now well-settled that in computing compensation, the multiplier applicable to the age of the victim at the time of the accident would have to be taken into account and not the remaining years of active service. This proposition finds support from the judgments of the Supreme Court in Sarla Verma (supra) and Rajesh and Ors. v. Rajbir Singh and Ors., reported in 2014 (1) WBLR (SC) 23. This proposition finds support from the judgments of the Supreme Court in Sarla Verma (supra) and Rajesh and Ors. v. Rajbir Singh and Ors., reported in 2014 (1) WBLR (SC) 23. 10. We, therefore, modify the award by applying the multiplier "11" applicable to the age of the victim at the time of the accident. The appellant claimants shall, therefore, be entitled to compensation as follows: Monthly Income = Rs. 12,283/- Less: one-third towards = (-) Rs. 4,094/- personal expenses, i.e., (Rs. 12,283/- 3) Rs. 8,189/- Annual Income (Rs. 8189/- X 12) = Rs. 98,268/- Multiplier 11', applicable to age group of 51-55 (Rs. 98,268/- X 11) = Rs. 10,80,948/- Add: Funeral expenses etc. = (+) Rs. 2,000/- Add: Loss of estate = (+) Rs. 2,500/- Total = Rs. 10,85,448/- 11. The spouse, being the appellant no.1, shall be entitled to an additional Rs. 5,000/- towards loss of consortium. 12. The award shall carry interest @ 9% per annum from the date of filing of the claim application till the date of deposit of the awarded amount in accordance with the direction of the Supreme Court in Surti Gupta v. United India Insurance Co. and Anr., reported in 2015 SAR (Civil) 571 and Civil Appeal Nos. 348-349 of 2015, arising out of SLP (C) Nos. 4897-4898 of 2014 (Smt. Neeta w/o Kallappa and Ors. etc. v. the Div. Manager, MSRTC, Kolhapur), where the Supreme Court deprecated the High Court and the Tribunal for awarding interest at a rate less than 9% per annum. Needless to mention that interest shall be computed as per reducing balance. 13. The balance amount shall be deposited in the learned Tribunal within sixty days from the date of receipt of a certified copy of this order. 14. The appeal and all connected applications are disposed of accordingly. 15. Urgent photostat certified copies of this judgment, if applied for, be supplied to the parties, subject to compliance of all requisite formalities. I agree Sahidullah Munshi, J.