Calcutta High Court (Appellete Side)
United India Insurance Co. Ltd vs Rekha Roy And Ors on 14 September, 2018
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14.9.2018
Kc(CL122)
CAN 3759 of 2018
In
F.M.A.T. 1063 of 2016
United India Insurance Co. Ltd.
-versus-
Rekha Roy and Ors.
Mr. Kamal Krishna Das.................For the appellant.
Mr. Jayanta Kumar Mondal.........For the claimants/
respondents.
CAN 3759 of 2018 is an application for withdrawal at the instance of the claimants/ respondents in M.A.C. Case No. 17 of 2010, which was decided by an award dated 19th July, 2014 of the relevant tribunal. Such award is the subject matter of challenge in F.M.A.T. 1063 of 2016.
It appears from the office note dated 19th May, 2017 that the appellant/insurer has deposited Rs.21,59,651.00 in compliance with an order of a co-ordinate Bench dated 18th April, 2017.
While hearing the application for withdrawal, we have examined the appeal on its merits. We have also been informed of a cross objection (C.O.T.39 of 2018) having been filed by the claimants/respondents; the same is treated as on day's list. We propose to dispose of the appeal and the cross objection together with the application for withdrawal by this common judgment and order, since the points involved are not too complicated.
The award determined compensation in a sum of Rs.18,90,790.00.
2The only ground on which the award has been impugned in this appeal is that the tribunal did not deduct 1/3rd on account of personal and living expenses of the victim. Mr. Mondal, learned advocate for the claimants/respondents does not oppose the above contention. While re- determining the compensation, we shall bear such factor in mind.
In the cross objection (C.O.T. 39 of 2018), the claim is for enhancement of compensation, to which the claimants/respondents are entitled, in terms of the decision of the Supreme Court in National Insurance Co. Ltd. -vs- Pranay Sethi and Ors. : 2017 ACJ 2700 on account of future prospect, loss of estate, loss of consortium and funeral expenses. Also, grievance has been expressed in regard to grant of interest @ 2% per annum.
We, accordingly, proceed to re-determine the compensation payable to the claimants/respondents as follows:
Heads Calculation
Notional yearly income Rs. 14,631.00 x 12 =
Rs. 1,75,572.00
Future Prospect [15% of Rs.1,75,572.00 =
Rs.26,335.00]
Rs.1,75,572 + 26,335.00 =
Rs.2,01,907.00
Less 1/3rd on account of Rs.2,01,907.00-67,302.00 =
personal and living expenses of Rs.1,34,605.00
the victim
Compensation after multiplier Rs.1,34,605.00 x 11 =.
11 is applied Rs.14,80,655.00
Loss of estate, loss of Rs.70,000.00
consortium and funeral
expenses
Total amount of compensation Rs.15,50,655.00
Since the appellant/insurer has secured Rs.21,59,651.00, the Registrar General is directed to release Rs.15,50,655.00 in favour of the 3 claimants/respondents together with accrued interest, on an approach therefor being made in accordance with law.
We find from the impugned award that the tribunal had awarded interest @ 2% per annum from the date of filing of the claim application. However, considering the fact that the accident occurred on 20th May, 2009, we are of the opinion that interest of justice would be sufficiently served if the amount of Rs.15,50,655.00 carries interest @ 7.5% per annum from the date of filing of the application. We order accordingly. The Registrar General shall compute the interest component and proceed to release whatever sum is payable to the claimants/respondents in addition to Rs.15,50,655.00, together with accrued interest, in accordance with law.
If any amount remains in excess, the same shall be returned to the appellant/insurer, also in accordance with law.
If the amount secured by the appellant/insurer falls short on account of compensation together with interest, the differential sum shall be determined by the Registrar General and informed to the appellant/insurer, which shall then be paid to the claimants/respondents by the appellant/insurer within a month of receipt of intimation from the Registrar General.
With the aforesaid modification of the impugned award, the appeal, the cross objection and the connected application stand disposed of.
Copy of the cross objection (C.O.T. 39 of 2018), furnished by Mr. Mondal, shall be retained with the records. Office is directed to locate the cross objection and tag the same with the file.
4There shall be no order for costs.
Urgent Photostat certified copy of this order, if applied for, be furnished expeditiously.
(SHAMPA SARKAR, J.) (DIPANKAR DATTA, J.)
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