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Judgment
M.K. Chaudhuri, J.—The point for consideration as raised in this Appeal by the Appellant, i.e. the Claimant, Md. Motiar Rahaman Mallick, is the quantum of compensation granted by the learned Trial Court.
It is submitted that the learned Trial Court calculated the income of the Appellant on notional basis; but the fact remains that P.W.I in his evidence adduced that he used to carry Fertiliser business and used to earn Rs. 4,000/- per month. The learned Trial Court held that no document of income has been produced.
It appears from Ext. 7, the Certificate of Registration to carry on the Business of Selling Fertilisers as a wholesale/Retail Dealer. In the State of West Bengal, which has been produced before us, that the said Certificate was issued on 26th June, 2000 and was valid upto 31st March, 2003. The accident took place on 3rd May, 2001. So during the validity period of the Registration accident took place. Therefore, the income of the Appellant/Claimant as stated by P.W.I cannot be ignored and the calculation of income of the Appellant/Claimant must be based on Rs. 4,000/- per month. In the instant case the accident took place when the Appellant was 24-years-old. He sustained 90% (ninety per cent) disability as would appear from the Disability Certificate dated 19th April, 2006 issued by Walsh (S.D.) Hospital, Serampore, Hooghly, which has been produced before us.
We have heard the submissions made by the learned Counsel for the parties and have perused the evidence adduced and the documents as exhibited.
There is nothing to disbelieve that the Appellant/Claimant used to earn Rs. 4,000/- per month at the age of 24 years and suffered 90% disability. So, calculation should be arrived on the basis of the same through multiplying the sum of Rs. 4,000/- by 12 = Rs. 48,000/-; again multiplying by 17 = Rs. 8,16,000/-. It has been submitted further that due to his 90% disability the Appellant is not in a position to carry on his business and earn. So considering the extent of disability of 90%, the Appellant/Claimant is entitled to get 90% of the total income as rightly held by the learned Trial Court. So, 90% (ninety per cent) of Rs. 8,16,000/- comes to Rs. 7,34,400/- and 2/3rd of the said amount comes to Rs. 4,89,600/-. In addition to the said amount, he is also entitled to Medical Expenses for Rs. 1,89,211/- as per the documents (Exts. 2 and 2-A) produced before us. He is also entitled to a sum of Rs. 5,000/- towards his pain and sufferings as awarded by the learned Trial Court. So, total amount comes to (Rs. 4,89,600/- + Rs. 1,89,211 + Rs. 5,000/-) = Rs. 6,83,811/-.
Therefore, compensation of Rs. 2,49,154/- awarded by the learned Trial Court in favour of the Appellant stands enhanced. The Appellant will get an amount to the tune of Rs. 6,83,811/- (Rupees Six lacs eighty-three thousand eight hundred and eleven). It is submitted that the Appellant has already received a sum of Rs. 2,49,154/-. So, he is entitled to get balance amount of Rs. 4,34,657/- together with interest at the rate of 9% per annum from the date of filing of the suit till the date of realization from the Respondent No. l.
The Respondent No. 1, Insurance Company, is directed to pay a sum of Rs. 4,34,657/- together with interest thereon at the rate of 9% per annum from the date of filing of the suit till the date of payment within two months from date through the learned Tribunal, failing which the Appellant will be at liberty to put the Award in execution.
Appeal, accordingly, stands disposed off. There will be no order as to costs.
Amit Talukdar, J.
I agree.