Calcutta High Court (Appellete Side)
Md. Raju & Anr vs United India Insurance Company Limited ... on 5 November, 2019
Author: Sanjib Banerjee
Bench: Sanjib Banerjee
1
05.11.2019
Court No.16
Sl. No. 30
GB
FMA 1391 of 2019
(FMAT 942 of 2019)
Md. Raju & Anr.
Vs.
United India Insurance Company Limited & Anr.
Mr. Subhankar Mondal
....for the Appellant.
Mr. Parimal Kumar Pahari
....for the Respondents.
The appellants are the parents of a seven-year-old girl who died in the accident in 2017.
The appellants are aggrieved by the paltry amount of compensation awarded by the impugned award of June 18, 2019.
The insurance company is represented. In view of the judgments in Sarla Verma and Pranay Sethi, the insurance company agrees that there is little room to manoeuvre.
The impugned award is required to be corrected. The appellants are found entitled to a gross amount of Rs.6.60 lakh together with interest thereon at the rate of 8 per cent per annum from the date of lodging the claim till the receipt of the payment as more fully indicated hereinafter.
Since the accident took place in the year 2017, the notional income of the victim has to be taken at Rs.5,000/- per month since an unskilled worker could earn such amount when working on all days of a month. Forty per cent of such income has to be taken into account for future prospects. After annualising the figure and deducting half of such annualised notional amount on account of the personal expenses of the victim, it is the figure of Rs.42,000/- on which the multiplier of 15 would apply. The pecuniary compensation works out to Rs.6,30,000/-. In addition, the appellants will be entitled to general damages on 2 account of loss of estate and funeral expenses to the extent of Rs.30,000/-, taking the gross compensation to Rs.6,60,000/- together with interest as aforesaid.
The appellants acknowledge having received the awarded amount together with interest as granted by the tribunal.
The insurance company will calculate the balance amount due to the appellants in terms of this order, including on account of interest, and ensure that the entire amount is deposited in the respective bank accounts of the appellants in equal share by December 15, 2019. The payment should be correct as at November 30, 2019.
Advocate for the appellants will immediately furnish the bank account details of the appellants to Advocate for the insurance company.
FMA 1391 of 2019 is disposed of without any order as to costs. Urgent certified website copies of this order, if applied for, be made available to the parties upon compliance with the requisite formalities.
( Sanjib Banerjee, J.) (Kausik Chanda, J.)