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Judgment
COT application being no. COT 108 of 2018 is not appearing in today's list so the same be treated as on day's list.
Appellant has preferred this instant appeal assailing the impugned award and judgment dated 22nd December, 2016 passed by the Learned Judge, Motor Accidents Claims Tribunal. 4th Court, Malda in MAC case No. 322 of 2013 under Section 166 of the M.V.Act. The accident took place on 27th January, 2013.
Mr. Das, learned advocate appearing for the insurance company submits the income of the deceased was not proved before the learned Tribunal. But learned Tribunal erred in law thereby considering the monthly income of the deceased Rs. 15, 000/- (approx.) on the basis of the return submitted by the claimant. Unfortunately, that income tax return was also not proved by the officer of the concerned department. Therefore , the claimant is not entitled to get the annual income as has been arbitrarily awarded in favour of the claimant by the learned Tribunal . It is further contended by Mr. Das since the accident was occurred sometime in 2013, therefore, considering the schedule of the 163A of the M.V.Act the monthly income of the claimant shall be Rs. 4,000/-. Interest should be at the rate of 8% per annum from the date of filing of the claim case till the date of deposit of the awarded amount i.e. on 12.12.2017 as per the view of the Hon'ble Court.
Per contra, Mr. Rahaman submits that claimant has also filed COT application being COT No. 104 of 2018 against the judgment and award. Mr. Rahaman further contends that no compensation has been awarded towards the general damages by the learned Tribunal.
Therefore, as per Hon'ble Apex Court's decision towards the general damages it should be Rs. 30,000/-.
Considering the submissions as advanced by the learned advocate for the parties and after perusing the records , the impugned judgment and award is modified in the following manner :
Accordingly, in the instant case, the income of the victim who suffered the accident and died in the year 2013 in our opinion is taken to be Rs. 4000/-. After annualising the income and adding the 40% of the future prospect and deducting one third on account of personal expenses , the figure comes to Rs. 44,800/-on which the multiplier of 18 will apply. The net compensation payable works out to be Rs. 8,06,400/-. A further Rs. 30,000/- has to be awarded on account of general damages, taking the gross compensation to Rs. 8,36,400/- together with interest thereon at the rate of 8% per annum from the date of filing of the claim case till the date of deposit of the awarded amount i.e. on 12. 12.2017.
Therefore, claimants are directed to furnish the bank particulars of the claimants by 24th January, 2020 before the Registrar General of this Hon'ble Court. Registrar General of this Hon'ble Court after receiving such particulars shall take steps to transmit the amount in equal share to the bank accounts of the claimants/0pposite parties within four weeks. Thereafter the insurance company is at liberty to take steps in accordance with law to realise the balance amount from the Registrar General of this Hon'ble Court within two weeks.
With this direction the appeal is disposed of.
Since the appeal is disposed of, therefore, the COT application being COT No. 104 of 2018 arising out of the appeal is also disposed of.
The department is also directed to tag the COT application with the original file. Since the main appeal is disposed of , therefore the connected application being
CAN No. 4836 of 2017 for stay operation of the impugned judgment and order is also disposed of.
Urgent photostat certified copy of this order, if applied for, be given to the learned advocate for the parties on usual undertakings.