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2020 DIGILAW 400 (CAL)

Rita Sarkar v. Divisional Manager, National Insurance Co. Ltd.

2020-03-06

RAJASEKHAR MANTHA

body2020
JUDGMENT : Rajasekhar Mantha, J. 1. The instant appeal is directed against the judgment and order dated 6.2.2015 passed by the Additional District Judge, 2nd Court, Bankura in MACC Case No. 2 of 2014. 2. The claim petition has been filed under section 166 of the Motor Vehicles Act, 1988. 3. The facts are not in dispute and are available in the judgment of the court below. 4. The ground for challenging the appeal is the quantum of compensation allowed. The tax component has not been deducted from the income of the deceased. The future prospects have not been taken into consideration. The conventional heads have also been awarded at Rs. 10,000, which is contrary to the decision of the Hon'ble Supreme Court in the case of National Insurance Co. Ltd. v. Pranay Sethi, ACJ 2700 (SC). 5. In those circumstances, the compensation payable to the appellants is re-assessed as follows: Monthly Income Less : Taxable amount Rs. 26,610 Rs. 350 Add: 30 per cent towards future prospects Rs.26,260 Rs.7,878 Yearly income Less : 1/3 rd personal expenses Rs.34,138 Rs.4,09,656 Rs.1,36,552 Multiplier : 14 (since deceased was 41 years old at the time of death) Add: General damages Rs.2,73,104 Rs.38,23,456 Rs.70,000 Total compensation Rs.38,93,456 6. Claimants shall be entitled to get the aforesaid sum of Rs. 38,93,456 together with interest at the tare of 8 per cent per annum on and from the date of filing of the claim petition in the court below. 7. The sum awarded of Rs. 29,90,320, admittedly withdrawn by the claimants-appellants, shall be deducted from the awarded sum mentioned hereinabove and a sum of Rs. 9,03,136 shall be payable to the claimants-appellants. Interest, however, at the rate of 7 per cent per annum shall be applied on the principal amount of Rs. 38,93,456 and the differential amount of 1 per cent shall be paid from the date of filing of the claim petition till the date of actual payments. 8. The said sum shall be added to the balance amount of Rs. 9,03,136 together with interest at the rate of 7 per cent per annum on and from the date of filing claim petition before the Tribunal below. 9. 8. The said sum shall be added to the balance amount of Rs. 9,03,136 together with interest at the rate of 7 per cent per annum on and from the date of filing claim petition before the Tribunal below. 9. The insurance company shall pay the balance sum as awarded hereinabove within a period of one month from the date of receipt of the particulars of the bank accounts of the claimants-appellants from the counsel for the appellants. The payment shall be made by NEFT/RTGS by the insurance company to the said bank accounts in the proportion ordered by the Tribunal below. 10. With the aforesaid directions, FMA No. 3673 of 2016 shall stand disposed of.