Calcutta High Court (Appellete Side)
Sanoka Sarkar & Anr vs The Oriental Insurance Co. Ltd. & Ors on 19 June, 2013
Author: Ashim Kumar Banerjee
Bench: Ashim Kumar Banerjee
1
IN THE HIGH COURT AT CALCUTTA
Civil Appellate Jurisdiction
Appellate Side
Present :
The Hon'ble Justice Ashim Kumar Banerjee
And
The Hon'ble Justice Dr. Mrinal Kanti Chaudhuri
F.M.A.T. 1879 of 2009
Sanoka Sarkar & anr.
-Versus-
The Oriental Insurance Co. Ltd. & ors.
For the Appellants :- Mr. Amit Ranjan Roy.
For Respondent :- Mr. Kamal Krishna Das.
Insurance Company Heard & Judgment on :- June 19, 2013 Re.: C.A.N. 503 of 2010.
The appeal is barred by 311 days.
Causes being sufficient, delay is condoned and the appeal is taken on record.
The application for condonation of delay is, thus, disposed of without any order as to costs.
No notice has been served upon the respondent nos.2 and 3, hence the appeal is dismissed as against the said respondents.
The appellants asserted, the victim was earning Rs.3,000/- per month. The tribunal disbelieved and assessed it at Rs.70 per day.
Applying the ratio decided in the case of Laxmi Devi and others vs. Mohammad Tabbar and another reported in 2008 ACJ 1488 (SC), we accept the assertion and modify the award. The tribunal used the multiplier of 15, we reduce it to 13.
The appeal, thus, succeeds and is allowed. The award is, thus, modified as follows :-
The Annual Yearly Income Rs. 36,000/- (Rs. 3,000 x 12) Less 1/3rd personal expenses Rs. 12,000/-
(Bachelor deceased) Rs. 24,000/-
Using Multiplier of 13, Rs. 3,12,500/-
(Rs. 24,000 x 13) the assessment would be Plus Rs. 9,500/-
Rs. 3,21,500/-
2
Less Already Paid Rs. 2,59,000/-
Total Balance compensation Rs. 62,500/-
The awarded sum would carry interest at the rate of 6% per annum on and from the date of filing of claim petition until it was actually deposited and/or paid, whichever is earlier. The differential awarded sum would also carry interest at the same rate from the date of filing of the claim petition till the payment is made.
The Insurance Company is directed to pay the differential awarded sum as well as the interest in the same proportion fixed by the Tribunal to the respective claimants through account payee cheques to be sent at the recorded address by speed post. Such payment must reach the claimants within four weeks from the date of communication of this order.
With these observations the appeal is disposed of without any order as to costs.
The Registry is directed to send down the records at once, if received by this time.
Urgent xerox certified copy of this order, if applied for, be given to the parties, on priority basis.
( Banerjee, J.) ( Dr. Mrinal Kanti Chaudhuri, J.) ns.