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Judgment
Biswaroop Chowdhury,J:
The appellant before this Court was a claimant in a case under Section 166 of the Motor Vehicles Act 1988 and is aggrieved by the Judgment and Award dated 28th November 2010 passed by Learned Additional District Judge 9th Court at Alipore South 24 Parganas in MAC Case No. 4 of 2009.
The case of the claimant before Learned Trial Court may be summed up thus:-
On 10-11-2004, at about 8.30 p.m. when the deceased Late Udayan Bhattacharya while proceeding by a Maruti Van registration no-AS-25C-7222 going out from Nalbari town after finishing the work on National Highway No-31 at place named Sandha, the said maruti van had a head on collision with a truck bearing the registration No-HR-55-A-7519 and all of them died on spot on the self same date. The said incident happened due to rash and negligent driving on the part of the driver of the above mentioned truck.
Pursuant to the filing of the case notice was issued upon the opposite parties. Opposite Party vehicle owner did not contest the case. However opposite party Insurance Company contested the case by filing written statement. ISSUES were framed and evidence was adduced. Learned Trial Judge upon considering the evidence and upon hearing the Learned Advocates was pleased to dispose the claim case by observing and directing as follows:-
‘Hence it is ORDERED that the instant MAC Case No. 4/09 be and the same is allowed on contest against the OP. No. 2. The National Insurance Co. Ltd. and the same is allowed ex-parte against the registered owners OP. Nos. 1, and 1(a) but without any cost. So the petitioners do get an award of compensation of Rs. 26,74,740/- (Rupees twenty six lakhs seventy four thousand seven hundred forty) only from the OP No-2. The National Insurance Co. Ltd. is directed to issue three A/C payee cheques to the tune of Rs. 6,74,740/- (Rupees six lakhs seventy-four thousand seven hundred forty) only in the name of petitioner No. 3. Nandita Bhattacharya, another cheque to the tune of Rs. 8,99,000/- (Rupees eight Lakhs) only in the name of petitioner No-2. Trishna Bhattacharya and another cheque to the tune of Rs. 12,00,000/-(Rupees twelve lakhs) only in the name of petitioner No-1-Hemlatha Bhattacharya to be submitted in the tribunal within 60 days hereof excluding the intervening Puja Vacation from 7-10-10 to 7.11.10 failing which the unpaid awarded amount shall carry interest @8% p.a. from the date of filing of the claim application till its full realization.
The petitioner No-1 Hemlatha Bhattacharya (Matter of petitioner No-2) is directed to open an account under Fixed Deposit in the name of her minor daughter Trishna Bhattacharya and to keep the awarded amount in her name, in the Nationalized Bank or in any Govt. Post Office till the attainment of her majority.’
The appellant/claimant being aggrieved by the Judgment and Award passed by the Learned Trial Court has come up with the instant appeal.
Heard Learned Advocate for the appellant/claimant and Learned Advocate for the Respondent Insurance Company. Perused the evidence adduced and materials on record.
Learned Advocate for the appellant submits that the Learned Trial Judge erred in not taking into consideration FORM 16, of the victim while determining compensation. Learned Advocate further submits that the claimant is also entitled to future prospect @40%. Learned Advocate also submits compensation awarded should be enhanced.
Learned Advocate for the respondent/insurance company submits compensation awarded is reasonable, thus no interference is necessary.
As it is held in different Judicial pronouncements that Income Tax Return is an authentic document reflecting income which has to be taken into consideration for computing compensation, this Court is of the view FORM No-16 should be considered to determine the compensation in this case. Thus as per FORM 16 marked Exhibit 15A Gross Total Income is Rs. 3,86,791/- and tax deducted is Rs. 53,873/-. Thus net yearly income is Rs. 3,31,738/- 40% future prospect added the net total yearly income comes to Rs. 4,64,433/-1/3rd to be deducted on account of personal expenses the annual dependency loss comes to Rs. 3,09,822. Multiplier of 17 applied total dependency loss comes to Rs. 52,66,971/-. Further the claimants are entitled to Rs. 84,000/-on account of General Damages. Thus total Compensation comes to Rs. 53,50,971/- by arithmetical calculation.
However this Court is of the view that compensation of Rs. 50 lakh is just and reasonable.
Hence this Appeal FMA-855 of 2012 stands disposed. Judgment and Award dated 28th November 2010 stands modified to the extent that the Claimant/Appellant and respondent no-5 and 6 are entitled to compensation of Rs. 50 lakh.
The respondent/National Insurance Company Limited shall deposit Rs. 50 Lakh along with interest @6% per annum from date of filing claim case till today. Such deposit is to be made within 8 weeks from the date of communication of this Order. In the event compensation awarded by Trial Court is paid or deposited balance deposit be made.
The claimants/appellant/respondent no-5 and 6 will be entitled to withdraw the compensation upon compliance of necessary formalities. TCR be sent back by special Messenger cost to be deposited by appellant within one week.
Deficit Court fees be paid within 4 weeks.
Urgent photostat certified copy of this order, if applied for, should be made available to the parties upon compliance with the requisite formalities.