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Calcutta High Court · body

2017 DIGILAW 22 (CAL)

Champa Mardi v. National Insurance Co. Ltd.

2017-01-06

MIR DARA SHEKO, RAKESH TIWARI

body2017
Rakesh Tiwari, J. This appeal has been preferred challenging the correctness of the impugned judgment and award dated 21st April, 2009, passed by Motor Accident Claims Tribunal, 2nd Court, Suri, Birbhum in M.A.C. Case no. 63 of 2008. 2. It appears from the records that case under section 163A of the Motor Vehicles Act, 1988 (hereinafter referred as the Act) was filed by the petitioners for compensation on account of death of one Chunu Muddi, who died in a road accident on 23rd March, 2008. 3. The appellants/claimants assailed the impugned judgment on the ground that the deceased was an employed person working as mason and, therefore, the Tribunal has committed an error apparent on the face of record in applying the second schedule under section 163A of the Act which relates to unemployed person, taking the salary/wages of the deceased notionally at Rs. 15,000/- per annum. 4. In the case of Laxmi Devi –vs- Md. Tabbar : 2008(2) TAC SC 394, the Apex Court has laid down as a matter of principle that assessment of compensation should be made by the Tribunals taking the wages of an employed person at least at Rs. 100/- per day. Therefore, in view of the principle laid down in Laxmi Devi’s case (supra), compensation ought to have been calculated by the Tribunal taking notional income of the victim at Rs. 3,000/- per month. 5. The impugned judgment is also assailed on the ground that no interest has been awarded to the appellants, as provided under section 171 of the Act and as no interest has been awarded, the same may be awarded by this Court under the provisions of law. 6. The question regarding payment of interest under section 171 of the Act is considered upon hearing learned counsel for the parties. We find that a discretion is provided in the said section to the Courts to grant interest in peculiar facts and circumstances of a case. Upon hearing learned counsel for the parties, we are of the considered view that interest is a normal accrual on the principal. Once the Tribunal has found that the claimants were entitled to compensation, interest is also liable to be paid on it. 7. Considering the facts and circumstances before us, we are of the opinion that interest @ 6% in the instant case should be appropriate to be awarded to the claimants. 8. Once the Tribunal has found that the claimants were entitled to compensation, interest is also liable to be paid on it. 7. Considering the facts and circumstances before us, we are of the opinion that interest @ 6% in the instant case should be appropriate to be awarded to the claimants. 8. Therefore, taking the salary/wages of the victim @ Rs. 100/- per day, the monthly income of the deceased on the basis of Laxmi Devi’s case (supra) is assessed at Rs. 3,000/- and, as such, notional income of the deceased is Rs. (3000 x 12) = Rs. 36,000/- per annum. After deduction of one/third of the said amount towards personal and living expenses, i.e. Rs. 12,000/- from the aforesaid, the annual income comes to (Rs. 36,000-12,000)= Rs. 24,000/-. By applying the multiplier of 15 (fifteen), the compensation amount comes to Rs. 24,000 x 15= Rs. 3,60,000/- to which a sum of Rs. 2000/- on account of funeral expenses and Rs. 5,000/- as loss of consortium is to be added. The total amount of compensation, therefore, comes to Rs. 3,67,000/-. The modified awarded sum of Rs. 3,67,000/-, shall carry interest @ 6% per annum, to be calculated from the date of filing of the claim application. It is submitted that the respondent no. 1 insurance company has already paid the amount of Rs. 1,57,000/-, as awarded by the Tribunal. 9. In the aforesaid circumstances, we direct the respondent no. 1 National Insurance Company Limited to deposit the balance amount of Rs. 2,10,000/-along with interest @ 6% per annum, to be calculated from the date of filing of the claim application till the date of deposit, before the Tribunal. Such deposit shall be made by the respondent no. 1 insurance company within a period of three months. On such deposit having been made, the claimants may move appropriate application for withdrawal of the amount and on such application being moved, the Tribunal shall disburse the amount in favour of the claimants in accordance with law in the proportion as mentioned in the impugned award. 10. With the aforesaid observations, the appeal stand disposed of. 11. There will be no order as to costs. 12. Urgent photostat certified copy of this order, if applied for, be furnished on priority basis.