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IN THE HIGH COURT AT CALCUTTA
SHAMPA DUTT (PAUL), J.
Smt. Hazera Mondal & Anr. – Appellants
Versus
ICICI Lombard General Insurance Co. Ltd. & Anr. – Respondents
FMA 503 of 2014, (FMAT 1509 of 2013)
Decided On : 18-06-2024
Compensation - Motor Vehicle Accident - Section 163A, M.V. Act - The court interpreted Section 163A of the M.V. Act, emphasizing that compensation is payable to legal heirs upon proof of death in an accident, without needing to prove negligence, leading to a modified award of Rs. 5,00,000.
Fact of the Case:
The victim, a Khalasi, died in a truck accident on 19.07.2010. His parents filed for compensation of Rs. 4,30,000 due to their loss. The tribunal initially awarded Rs. 3,00,000 based on a notional income of Rs. 25,000 per annum.
Finding of the Court:
The court found that the tribunal's assessment of the victim's income was incorrect and that the claimants were entitled to compensation under Section 163A of the M.V. Act, leading to a revised total compensation of Rs. 5,00,000.
Issues: Whether the tribunal correctly assessed the victim's income and the appropriate compensation under Section 163A of the M.V. Act.
Ratio Decidendi: The court held that under Section 163A, the claimants need not prove negligence, and the structured formula for compensation should be applied, resulting in a higher compensation amount.
Result: The appeal is allowed, modifying the compensation to Rs. 5,00,000.
JUDGMENT :
(Shampa Dutt (Paul), J.) :
1. The appeal has been preferred against the Judgment and Award dated 22nd day of August, 2013 passed by the Learned Judge, Motor Accident Claims Tribunal, 1st Court, Burdwan (hereinafter called as the Learned Tribunal Judge) in M.A.C. Case No. 57 of 2010.
2. The facts of the case is as follows:-
3. The Claimants in support of their case examined the mother of the victim, who corroborated the case as stated in the written complaint.
4. Respondent No. 1 i.e. Insurance Company contested the case by filing written statement denying the claim of the claimants.
5. Though the owner respondent appeared before the tribunal, he subsequently did not contest the case.
6. The lower court records are before this court.
7. Upon considering the materials on record, including the evidence, the learned tribunal held as follows:-
| “M.A.C. Case No. 57/10 Dated: 22.08.2013 ………………. The Insurance company inspite of having all the necessary documents did not file any application U/s-170 of M.V. Act but that cannot be a bar for payment of the compensation on behalf of the insured as the claim is in connection with third party. So, therefore, the entire facts and circumstances of the case it appears that primarily the claimant has been able to prove that her son Rahamat Ali Mondal has died because of the said road traffic accident. Since it is a case U/s- 163A of M.V. Act so the petitioner is not to prove whether at the time of accident the vehicle was traveling in a rash and negligent manner or not. On perusal of record it is seen that P. W.1 has filed voter identity card of herself and her husband Moksad Ali Mondal. So, as per above the claimants are entitled to receive the compensation. Regarding the age it is stated that the victim was aged about 26 years at the time of accident and in support of that they have filed voter identity card and P.M report which also corroborates the said age and there is no contradictory evidence has come regarding such age. But to ascertain the multiplier. Accordingly, multiplier 18 is to be considered. Regarding the income it is stated that he was a Khalasi and used to earn Rs. 3,300/- per month but no documentary or any oral evidence has come to prove the same and no where it is stated that he was a khalashi. From the charge sheet it is seen that the complaint said there after identifying the body that he was a khalashi. So it cannot be said that the claimant has able to prove that he was a khalashi and therefore his income is taken as Notional Income of Rs 25000/-. Accordingly considering the income as that of Rs. 25,000/- per annum with multiplier 18, the amount comes to Rs. 4,50,000/- and deducting 1/3rd there from towards personal expenses had he been alive, the amount comes to Rs. 3,00,000/-. So, Claimants are entitled to received Rs. 3,00,000/-………………. Sd/- Judge, M.A.C.T., 1st Court, Burdwan” |
8. Hence, the Appeal on the
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